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Join Our WebinarNo. Detailed, date-stamped condition documentation is required. Take comprehensive, room-by-room photos or video that clearly show the property’s state.
The statute doesn’t prescribe a method, but you must provide the photos to the tenant together with the itemized statement. A system that stores, timestamps, and securely shares the files is recommended.
Best practice is yes — re-document at each new tenancy term, especially when a new lease begins after July 1, 2025.
Jurisdiction first.
STRs
Roommates / additional occupants
ADUs
Is registration required for non-RSO units?
Can registration fees be passed to tenants?
Note: Fee amounts and pass-through percentages change; verify current figures each year.
After major renovations
Vacancy & market rent
Price-gouging
Note: Laws, fees, and administrative rules change. Always confirm jurisdiction for a specific address and consult up-to-date local agency guidance before acting.
The HOA engages a licensed structural engineer or architect who performs a visual assessment of balconies, decks, walkways, stairways, and other Exterior Elevated Elements (EEEs) elevated six feet or more above grade.
Advanced diagnostic tools may be used as needed — such as moisture meters, infrared thermography, and borescope inspections — along with minimally invasive sampling if required.
A written, signed report is issued with:
Any immediate life-safety hazard must be reported to the HOA or association management immediately and to the local enforcement agency within 15 days.
Legal Expert Note: SB 326 defines a “statistically significant random sample” as one that provides 95% confidence with a ±5% margin of error. The inspector determines the exact number of elements needed to meet this standard for each EEE type.
The HOA Board is responsible for initiating and scheduling inspections. If the board fails to act, individual owners may press for compliance or seek independent legal and engineering advice.
California Civil Code § 5551 (“The Balcony Bill”) requires periodic inspection of condominium EEEs to prevent structural failures like those that have caused past tragedies.
The first inspection deadline is January 1, 2025, and re-inspections are required every nine years thereafter.
Local building departments may impose civil penalties or issue orders restricting use of unsafe areas. Immediate threats require prompt protective measures. Penalties often mirror those in SB 721 and may vary by jurisdiction.
For multifamily buildings with 3 or more units and EEEs elevated ≥ 6 ft:
If hazards are identified, local enforcement must be notified according to local procedures. Re-inspections occur every six years.
Legal Expert Note: SB 721 sets the minimum sample size at 15% per EEE type. Unlike SB 326, it does not require a statistical confidence calculation.
The report is delivered to the property owner. If an immediate life-safety hazard is discovered, the professional must notify both the owner and the local enforcement agency within 15 days per § 17973.
Local jurisdictions may impose $100 – $500 per day civil penalties until compliance. Some cities may also record safety liens against the property.
Yes. Hidden deterioration such as rot, corrosion, or trapped moisture is often invisible without professional testing. Both laws were enacted to prevent balcony and deck failures.
Not mandated by statute, but strongly recommended. They are minimally invasive and can reveal concealed damage that visual checks miss. Under SB 721, exploratory openings may be required if concealed framing cannot otherwise be evaluated.
If an element is entirely metal or concrete with no wood load-bearing or waterproofing components, it generally falls outside SB 326 and SB 721. Always verify the actual construction type.
Case-by-case. If the structure is elevated six feet or more and supported in whole or in part by wood or wood-based materials, it typically qualifies as an EEE and is subject to inspection.
Each report must document:
Under SB 326, immediate threats require the HOA to restrict access immediately and the inspector to notify local enforcement within 15 days. Reports must be retained for at least two inspection cycles (≈ 18 years).
Immediate threats: Inspector must notify owner/HOA and local enforcement within 15 days.
SB 721 timelines: Owners have 120 days to apply for permits and 120 days after permit issuance to complete repairs, unless otherwise directed by the local agency. Failure to comply may result in penalties or restricted occupancy.
Structural or waterproofing repairs generally require building permits. Cosmetic or surface-level work may not. Always confirm with your local building department.
Not initially.
SB 721: Buildings permitted on or after Jan 1, 2019 must complete their first inspection within six years of the Certificate of Occupancy. Earlier buildings follow the initial 2025 deadline.
Pricing depends on:
DrBalcony provides transparent, property-specific quotes aligned with market-standard pricing and statutory compliance requirements.