Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common area, other than exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to SB-326, meanwhile, only applies to EEEs at condominium facilities. Currently, SB-721 affects all buildings in California with 3 or more multi-family units, including triplexes, fourplexes, quads, and larger apartment complexes. They also need to keep two cycles of EEE reports in their association records. California HOAs Eye Balconies after . But the governing documents are very vague about what exterior maintenance is. architect. Often, the better approach is to open the A townhouse is a form of construction, not a form of ownership. The repair requirements are similar for both laws. She is not certain whether it is the association's or the unit owners' responsibility to maintain, repair and/or replace the balcony. The deadline to comply with Berkeleys E3 program is May 31, 2022, and the deadline to comply with San Francisco Code Section 604 was April 1, 2022. Apartment owners should be extra prudent when hiring a contractor that advertises both inspection & repair. It required the California Building Standards Commission (CBSC) to conduct an extensive study and report the findings. off the hook even though they own and are responsible for maintaining Either the HOA will use your monthly HOA fees/reserve funds (although this will be cheaper) to pay for the repairs or by having to pay out of pocket for all repairs. There are elements identified that the inspector believes poses an immediate threat to safety of occupants or finds that emergency repairs (including shoring) are necessary. Who owns the underside of a balcony? After the estimate, well schedule your inspection for a time thats convenient for you. The original SB 721 law prevented licensed contractors who were serving as the inspector to also perform repairs. Subsequent inspections have the same cycle as existing buildings. B.C. SB-721 requires inspection of exterior elevated elements and other associated waterproofing elements, including flashings, membranes, sealants, and similar structures. Btw, it seems possible to me, that your HOA board has become very nervous about the safety of your HOA's balconies in light of the Surfside disaster. to the board immediately upon completion of the report, and to the local Mainly, those differences relate to who they affect and how frequently they require inspections. For decay to occur, moisture must be present before fungi can feed Customarily, the cost for maintenance,. Code includes related expenses, inspection costs can be included in an association's In this case, you are not responsible for . The balcony bill does not apply to It is also required for the owner to disclose and deliver the reports to the buyer at the time sale of the building. The final report will advise the owner on repairs or maintenance that need to be made to ensure the safety of the deck or walkway. There are 2 parking spaces non-deeded in the front of the property. 173.212.249.81 ANSWER: The structural elements of the balcony are almost always the responsibility of the association to maintain. planned developments, only to condominiums. Box 2387 Alpine, CA 91903-2387 (619) 722-7580, Pat Sullivan pat@patsullivancm.com www.sullivancm.com, Van Sande Consultants 2920 De la Vina Street Santa Barbara 93105 805-963-6901, Carolle Van Sande, CSM carolle@bristolsb.com www.vansandestructural.com. The local code enforcement agency may also issue a safety lien on the property. Copyright 2019-2023. -Tim R. RESPONSE: You should expect your assessments to go up. We wish them luck. After that report, the California legislature passed SB-721 in 2018 and SB-326 a year later in 2019. Berkeleys E3 definitionstates that they are all elevated decks, balconies, landings, stairway systems, walkways, guardrails, handrails, or any parts that are exposed to weather and with a walking surface more than 6 feet above grade/ground.Californias Health & Safety Code17973, which was created by SB 721, refined the definition of EEEs with the additional property: the element relies on wood or wood-based products for structural support.California Civil Code 5551, added by SB 326,has also defined EEEs but in a different way:CA Civil Code5551(a)(2)Exterior Elevated Elements mean the load-bearing components together with their associated waterproofing system.It sounds more vague and confusing until you read5551(a)(1) and 5551(a)(3) which further defines the nested terms: Associated waterproofing systems include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water. Load-bearing components means those components that extend beyond the exterior walls of the building to deliver structural loads to the building from decks, balconies, stairways, walkways, and their railings, that have a walking surface elevated more than six feet above ground level, that are designed for human occupancy or use, and that are supported in whole or in substantial part by wood or wood-based products.In short, SB 326 definition expands on SB 721s definition to include associated waterproofing systems.. The statute does not change who is responsible to maintain, repair Re-inspections must occur every six years. Doing protects residents and minimizes any potential for litigation Its required that a Licensed Structural Engineer or Architect generate a report summarizing the findings, which should then be included in the associations reserve study. Could that be somewhat chaotic? Because inspections are directly related to reserves needed to repair This Eight units are all town houses with four units in a building. SB 326 doesnt have any restrictions since licensed contractors arent listed as a profession that can provide EEE inspections to condos (only licensed architects or structural engineers). Click to reveal (Civ. These professionals include general contractors with A, B, or C-5 license classifications and at least five years of experience, architects, engineers, and certified building inspectors. In addition to being less invasive than destructive testing tactics, its also quieter, less messy, and less expensive. "I imagine this is a problem throughout the country," he says. So, now everything is clear, right? That will give homeowner associations plenty of time to examine the new law and to make adjustments to their governing documents if it seems called for. Clearly, the safer course of action is to inspect and repair elevated Instead of a set percentage the SB 326 requires arandom statistically significant sample (95% confidence,5% error margin) of exterior elements for which the association has maintenance or repair responsibility. What's typical is that the association says, 'We'll maintain it, and you reimburse us for it. Following is a list of inspection The city or county building department can grant extensions. VERTEX believes in a Lifetime of Learning philosophy. The only time condominiums are affected by SB-721 is when an apartment building is being converted into condos. The HOA has full control of the timeline to conduct repairs. California Bill Would Clarify Who Pays for Upkeep of an HOA's Limited Common Elements. That assumption is hardly challenged unless a major event occurred (such as an earthquake) or there are very clear signs that part of the building is in decay or disrepair.However, some parts of a building continue to regularly have documented failures that cause injury to occupants: balconies, decks, porches, and stairs. Senate Bill 326 was passed in 2019. Consumers: Ask Lawyers Questions and Get Answers for Free! Subscribe to our email list to get updates in your inbox. waterproofing systems. CA 91362 (818) 889-0402, Dennis Brooks DennisBrooks@dbuild.com www.dbuild.com, Focused Inspection Group 1999 S. Bascom Ave, #700, Campbell 95008 333 City City inspection found further damage of the balcony due to water damage. feed on the wood's cellulose. The time it takes to evaluate each exterior element depends on a number of factors, the total time inspecting a building willvary. In this case, inspections must be completed before escrow closes on the first unit. If the building owner doesnt comply with the repair requirements within 180 days, the building inspector shall notify local law enforcement agencies. If the local enforcement agency doesnt grant an extension,after 30 days the owner gets a civil penalty between $100-$500 per day until repairs are complete. Our forensics experts work alongside AEC specialists which enhances our skills and bolsters the credibility of our expert consultants. Your . Code 5551(b)(1).) Under SB-326, EEE inspections must be completed every 9 years. for particular line items in the study. The inspector must submit a report to the board of directors specifying While it may seem like you have plenty of time to comply with these laws, there are thousands of condominiums and apartments throughout California. If you wait until the last minute to book your inspection, you might be placed on a lengthy waiting list or find yourself facing expensive fines and fees. In fact, California has recently passed a law to clear up the confusion. This isn't just a problem in California. As the fungi consume cellulose, the wood weakens. Whether the EEEs are exposed or covered by structural components like soffits. All buildings in California that havethree or more multifamily dwelling unitsare required to have their exterior elevated elements inspected.Apartments and multifamily buildings, including triplexes, quad- or fourplexes, and mixed-use properties fall under SB 721.Condo buildings and other complexes that are classified as Common Interest Developments fall under SB 326. The board claims it makes the HOA responsible to repair balconies. Although the Association may have the responsibility to maintain the limited common elements, it does not necessarily require the cost must be paid from the common expenses of the Association. In order to answer -who pays when a contractor damages propertyan explanation of "the general rule" is necessary. Local building departments can assess fees for non-compliant facilities. If non-emergency repairs are required, the inspector will notify the owner or Board of Directors. These are areas outside of the airspace that defines the homeowners separate interest; but they are such that they only benefit, and only may be used by, a particular homeowner. According to the bill, EEEs include stairways, porches, decks, walkways, and other elevated structures more than 6 feet above the ground. companies readers sent to us. To achieve the 95% confidence level required by the bill will be expensive. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. all decayed wood and fungi must be removed. More modern declarations may assign windows, doors, wires in the walls, pipes in the walls, fireplace flues, dryer vents, or anything that serves only one unit, as limited common elements. Our team of licensed general contractors and engineers is qualified to perform both SB-721 and SB-326 inspections. The bill covers exclusive-use common elements, which in some areas are called limited common elements. "A lot of the problem is a misunderstanding of who's responsible for it. Copyright 2023 APS Management | Website Designed & Powered by Explore Digital. Code 5551(a)(1). I say it only requires an HOA to enforce repairs by the tenants if required and designated in the governing documents. Property owners are responsible for continued and. Yes. It's late, and you're tired, so you pay it no mind. During the inquiry, experts discovered that the balcony was improperly waterproofed, which caused dry rot in the wooden frame. (Civ. There are elements identified that require corrective repairs but does not have immediate safety concerns.3. If you sell your building before its first EEE inspection, youll need to disclose that at the time of the sale. even if the homeowners are, through the CC&Rs, made responsible for the repair and/or replacement of the waterproofing (see Civil . If you have a specific area designated on the balcony just for your unit then it is likely a limited common element unless otherwise defined in your HOA decs and bylaws. Contact the Sherlock Heating & Air team by calling (760) 282-2284 . Consulting with the condo dispute lawyers at Calabrese Law Associates in the Greater Boston Area is a good idea in the case of maintenance and repair disputes. should have legal counsel review all contracts before signing them. And many of them depend on where your building is located. If the repairs arent completed within 30 days, the building owner could be assessed a civil penalty. The upstairs neighbor might not know there's a problem, so reach out. "Whenever I drive up to an HOA, I look under the balconies," says Swedelson. deterioration of the framing. Pricing for this service includes the inspection and the price of destructive exploration. I have a question regarding who is responsible for paying for the maintenance cost in the buildings? People get confused because nowhere did the law say what happens with maintenance for exclusive-use common areas. Inspection Companies. VERTEX uses cookies to make our website work properly and to provide the most relevant content and services to our clients and site visitors. systems. Balconies are typically used for viewing purposes, as a resting place, or as a means of access to a building. The affidavit needs to be submitted to the Department of Building Inspection every 5 years. You throw blankets and towels on the floor to so Inspections are required regularly, and the bill outlines different timelines for both existing associations and newly built condo buildings. 326 (S.B. The legislature is clarifying that the exclusive-use common area is the HOA's responsibility. level, that are designed for human occupancy or use, and that are supported A California HOA lawyer says there's now increased scrutiny on the state's balconies as a result of a tragic incident in which six people were killed. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. During this process, a skilled inspector visually inspects all exposed surfaces of a balcony or other load-bearing element. But if it is a shared common balcony where there is essentially only one or two sets of walk up stairs for all unit owners and an open walkway on each level accessible to all units - without a specific area blocked off or designated just for your condo's use - then it would be considered a common element. That means homeowners are It would be a difficult task. Inspections assess the load-bearing components current physical condition and their projected life span. Following the Berkeley balcony tragedy and subsequent investigation, California began to focus on deck and balcony safety legislation. Most of the time those are done, there are structural repairs required, and the association undertakes those repairs to maintain the structural integrity of the building. The HOA treasurer is also responsible for creating a budget to pay bills, insurance, and taxes for community areas. must submit a report to the board providing the physical condition and . Exterior storage. The board said, 'We wouldn't have done the work.' After the collapse, state and local officials conducted forensic investigations into the property and the cause of the balcony failure. The above isnt an exhaustive list of questions we have been asked by clients. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. HOA industry practice has held that it is the responsibility of the association to repair or replace exclusive use common area. For those not well versed in statistics, this means for smaller complexes and buildingsnearly all EEEs will need to be inspectedwhile larger associations a substantial percentage will still be looked at. As such, elevated structures like balconies cause several thousand injuries each year. According to the statistics compiled by Consumer Product Safety Commission, structures such as balconies and decks failures have caused thousands of injuries per year (recorded by emergency room visits). "The law currently says the homeowner repairs and replaces their unit and exclusive-use common elements, and the HOA repairs and replaces the common area. The bill excludes condominiums (those buildings are covered under SB-326), Common Interest Developments, and apartment projects. The statute's The associated waterproofing elements are the components installed during construction in order to protect the structural supports from being exposed to water and other elements. It imposes inspection Deadline for Inspections. In condominium communities, most often the declaration provides that the association is responsible for maintaining and repairing the common elements, and the Owner is responsible for maintaining the unit. In other cases, though, inspectors will take longer since inspectors will need to remove material, use lift equipment to access the EEE, or make investigative openings to expose the EEE. The homeowners association said he was responsible for the repair bill on the theory that the sewer pipe was "exclusive use common area" for which he was responsible to just "maintain" under Civil Code section 1364 (a). There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. the board of an association of a condominium project shall cause a reasonably ANSWER: In California, exclusive use common area is defined in the Civil Code, Section 1351 as "a portion of the common areas designated for the exclusive use of one or more, but fewer than all,. Also known as the Balcony Law, SB 326 essentially protects property owners from building defects, and helps keep residents safe from hazards due to construction flaws. The original bid was $7,000, but other bids were all in the $17,000 range. AB 968 was signed by the Governor on September 18, 2014, but it does not become operative until January 1, 2017. The spores act as seeds which grow when they can be defined as a condominium or a separate interest in a planned development. Another reason structural maintenance falls by the wayside is its cost. This HOA balcony bill strives to prevent future deck and balcony collapses and ensure the stability and safety of balconies, walkways, and decks in condominium units and other buildings. In all likelihood, though, one does not expect many to get into general definitions. The deck of the balcony is a bit old and worn. An SB-326 report must include the following kinds of information: SB-326 affects condominium buildings and other Common Interest Developments. structures inspected to achieve the high confidence level required by the bill. 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