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Balcony inspections (SB 326) and the reserve study

Since 2020 California condominium associations have had to inspect their balconies, decks and elevated walkways on a nine-year cycle. The inspection is separate from the reserve study, but the two are meant to work together.

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What it covers

Civil Code 5551 calls them exterior elevated elements: balconies, decks, stairways, walkways and their railings that extend beyond the exterior walls, are designed for people to use, and are more than six feet above ground. The inspection looks at the load-bearing parts together with the waterproofing that protects them: flashings, membranes, coatings and sealants.

Section through a balcony showing the parts a Civil Code 5551 inspection looks atRailing postsMembraneFlashing at the wallJoists and supports

Who inspects, and how many

A licensed structural engineer or architect, and since AB 2114 in 2024, a licensed civil engineer. The inspector checks a random sample large enough to give 95 percent confidence with a margin of error no greater than plus or minus 5 percent.

Deadlines

WhatWhen
First inspection, existing buildingsBy January 1, 2025
Buildings with a permit application on or after January 1, 2020Within six years of the certificate of occupancy
Later inspectionsAt least every nine years, coordinated with the reserve study visit
Immediate threat to safetyCopy to the association at once and to local code enforcement within 15 days; the board must act at once, including closing off the element

How it feeds the reserve study

The inspector's report goes to the board and is incorporated into the reserve study required by Civil Code 5550. In practice that means the study should carry the remaining life and repair cost the inspector found, not a generic figure. Nine years is three reserve study cycles, so every third study visit should line up with a balcony inspection.

What changed in 2025

SB 410 (Chapter 516, Statutes of 2025) adds requirements for what the inspection report contains, makes the reports association records that owners can see, and adds the report to the documents a seller gives a buyer. Check the effective date and details with the association's attorney.

Sources: Civil Code 5551, AB 2114 (2024), SB 410 (2025). A plain-English guide, not legal advice.

Balcony questions

Does SB 326 apply to apartments?

No. Civil Code 5551 covers condominium associations. Apartment buildings fall under a different law, SB 721, in the Health and Safety Code, with its own inspectors and deadlines.

Does it apply to single-family HOAs?

Only to buildings with three or more multifamily dwelling units in a condominium project. A planned development of detached houses usually has no exterior elevated elements the association maintains, but check the governing documents.

Can the reserve study firm do the balcony inspection?

Only if the person doing it is a licensed structural engineer, civil engineer or architect. Some reserve firms employ engineers; many boards hire the two separately and ask the inspector to send the report straight to the reserve study firm.

Our first inspection was late. What now?

The statute set January 1, 2025 for the first inspection. If yours is not done, book it now and get advice from the association's attorney on the gap; we cannot say how a court or insurer would treat it.

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