SB326 (Hill) establishes new requirements for associations to inspect the infrastructure, referenced as elevated structures such as balconies, decks, stairways and railings on a periodic basis. The legislation requires builders of new construction to provide the association with a full set of plans before the first escrow closes with the first owner in the association. This would include “as built” plans.
The legislation requires that every nine years, associations must conduct a visual inspection (by an architect or structural engineer) of a statistically significant sample of elevated structures such as balconies, decks, stairways and railings. If evidence of water intrusion is found, the inspector must use his or her best professional judgment concerning any further investigation. The legislation does not define what is meant by a “statistically significant sample.” Presumably, this would have to be determined by the consultants who do the inspection.
The legislation requires the inspector to write a report, including the current condition of the elevated structures, the expected future life, anticipated performance, and any repair recommendations. The inspector is also required to notify the local code enforcement agency (city, county, etc.) of any imminent threat to personal safety.
The first inspection must be completed by January 1, 2025. The legislation states that the association’s board of directors will determine whether to pursue claims against the builder or developer and that builder/developer affiliated board members cannot participate in the decision.
