The January 1, 2025 deadline for SB 326 balcony inspections has officially passed. If your HOA has not yet completed the required inspections of exterior elevated elements (EEEs), you need to take immediate action. Here's what you need to know about your current situation and next steps.
What the Missed Deadline Means
If your association has not completed SB 326 inspections by January 1, 2025, you are technically out of compliance with California law. However, the reality is more nuanced than a simple pass/fail situation.
Many HOAs across California are in the same position. The combination of inspector shortages, scheduling challenges, and the sheer number of affected properties has created a backlog that extends well into 2025.
Potential Consequences
While there is no specific penalty written into SB 326 for missing the deadline, the implications are significant:
- Liability exposure — If a balcony failure occurs and your HOA has not completed inspections, the association and board members face significant legal exposure
- Insurance implications — Some insurance carriers are beginning to require proof of SB 326 compliance for renewal
- Sale complications — Buyers and their lenders may require proof of compliance before closing transactions
- Local enforcement — Some municipalities may begin enforcement actions
Immediate Action Required
The most important thing is to demonstrate good faith effort toward compliance. Document all steps you're taking, including inspector outreach, scheduling attempts, and board meeting discussions.
Steps to Take Now
1. Schedule Inspections Immediately
If you haven't already engaged a licensed architect or structural engineer for inspections, do so immediately. Expect wait times of 2-4 months for inspector availability.
2. Document Your Efforts
Keep detailed records of all actions taken toward compliance, including emails, meeting minutes, and contractor correspondence. This documentation demonstrates good faith.
3. Notify Homeowners
Communicate with unit owners about the situation, the steps being taken, and any potential assessments that may be needed for repairs.
4. Review Reserve Funding
Ensure your reserves can handle potential repair costs. Many associations are discovering that repairs cost more than anticipated.
Finding Qualified Inspectors
SB 326 requires inspections by licensed architects or structural engineers. Here are tips for finding qualified professionals:
- Contact your local AIA (American Institute of Architects) chapter
- Reach out to SEAOC (Structural Engineers Association of California)
- Ask your property management company for referrals
- Request references from other HOAs who have completed inspections
What Happens After Inspection
Once inspections are complete, the inspector will provide a report categorizing any issues found. If repairs are needed, you'll typically have 120 days to complete them. Cal Coast Construction specializes in SB 326 repair work and can help you move quickly from inspection report to completed repairs.
The key is to start now. Every day of delay increases your association's risk exposure. Contact a qualified inspector today to get on their schedule.