California Balcony Laws - Senate Bill 326 and Senate Bill 721 – Why the Timing Is Critical Now

Overview of Senate Bill 326 and Senate Bill 721

SB 326 applies to condominiums and homeowner associations (HOAs). It mandates that all exterior elevated elements (like balconies and decks) be inspected every nine years. The law, which took effect on January 1, 2020, is designed to ensure that HOAs take a proactive approach to addressing any structural concerns that may pose risks to residents.

SB 721, on the other hand, targets multifamily apartment buildings. This law requires owners of buildings with three or more units to complete inspections of balconies and similar structures every six years. The primary aim is to identify and remedy any structural weaknesses, thus preventing potential catastrophic failures.

Why the Timing Is Crucial

Both SB 326 and SB 721 were enacted following high-profile balcony collapses that resulted in fatalities and injuries, notably the 2015 Berkeley balcony collapse. As we approach the key deadlines for these laws, many property owners and associations may find themselves facing penalties or increased insurance and personal liability if they fail to comply with the mandated inspections.

On September 28, 2024, California’s Governor approved Bill AB-2579. Passed by the Assembly and Senate, AB2579 will extend the deadline for the initial balcony inspection to January 1, 2026

• SB 721 compliance deadline: Owners of multifamily properties must complete their initial inspections by January 1, 2026, and every 6 years after that.
  
• SB 326 compliance deadline: HOA boards are similarly required to ensure inspections are done every nine years, with many needing to schedule their first round of assessments soon.
• For existing buildings, the first inspection must be completed by January 1,2025.
• For new building (permits filed after January 1, 2020) have six (6) years since the issued certificate of occupancy to complete the first inspection.

Delaying these inspections can have severe legal and financial implications. Beyond fines, non-compliance opens the door to potential lawsuits if a balcony failure occurs, even more so if it could have been prevented by timely inspections.

How Greenwood and Moore Can Help

At Greenwood and Moore, we understand the complexity and urgency surrounding compliance with California’s balcony safety laws. Our team of experienced engineers and consultants is ready to assist property owners, HOAs, and management companies in navigating these requirements with confidence.

Here’s how we can help:

1. Comprehensive Observation Services: We provide thorough, compliant review of balconies, decks, and other elevated structures, to facilitate that they meet the safety standards mandated by SB 326 and SB 721.
2. Detailed Reporting and Recommendations: After our observation, we deliver detailed reports highlighting any structural issues observed, along with practical recommendations for repair or replacement.
3. Repair and Construction Administration: Should repairs be necessary, Greenwood and Moore can provide construction administration services, for structural issues observed in accordance with code requirements.
4. Long-Term Compliance Planning: We help you create a timeline for future observations and maintenance, so you stay compliant and avoid future penalties or risks.

But It’s Not Too Late!

With compliance deadlines fast approaching, now is the time to act. Protecting your investment, avoiding legal exposure, and most importantly the safety of your residents and tenants.

Greenwood and Moore are your trusted partners for the preparation of structural calculations or construction drawings required for improvements to meet California’s strict balcony safety standards.

Since 1994, G&M’s goal is to “Make our Clients' Vision a Reality."