Transparency Matters: How We’ve Clarified Our SB 326 Inspection Process

Our Updated Logo Reflects Our Role Coordinating SB 326 Inspections

At William Leys Waterproofing Consultants LLC, we believe that an HOA board should understand exactly who it is hiring, what services each professional will provide, and who is responsible for the engineering judgments required as part of an SB 326 inspection.

Recently, correspondence from the California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) gave us an opportunity to take a closer look at how we described our SB 326 services on our website and in our proposals.

We took that opportunity seriously.

The result is a clearer and more transparent description of our role, the role of the licensed structural engineering firm performing the engineering services, and how the different parts of an SB 326 project are coordinated for our clients.

Why We Made Changes

SB 326 projects can involve several different disciplines.

There is an important distinction between waterproofing and building-envelope consulting, project coordination, and the professional engineering services that California law reserves for appropriately licensed professionals.

Although we understood those distinctions in practice, the Board’s correspondence caused us to examine whether they were communicated clearly enough in our marketing and contractual documents.

We concluded that we could do better.

Rather than simply changing a few words, we reviewed our website and proposal language with the goal of making the relationship easier for an HOA board, community manager, or building owner to understand before retaining us.

Clearly Identifying Who Performs the Engineering Work

One of the most important changes is greater clarity about the licensed engineering firm’s role.

William Leys Waterproofing Consultants LLC is a waterproofing consulting and project-coordination company. We do not represent ourselves as a licensed engineering firm.

When professional engineering services are required for an SB 326 project, those services are performed by the licensed engineering firm identified for the project.

That distinction is now stated more clearly in our materials.

The engineer is responsible for the engineering observations, professional opinions, determinations, and engineering report within the engineer’s scope of services. The engineering report is prepared and signed or sealed as required by the licensed professional responsible for that work.

Our role is separately described so clients can understand the services William Leys Waterproofing Consultants provides.

What William Leys Waterproofing Consultants Brings to the Project

Our expertise is rooted in waterproofing.

We have been inspecting decks and evaluating waterproofing conditions since 2007. That field experience gives us a practical understanding of how exterior elevated elements are constructed, how waterproofing systems deteriorate, where water commonly enters assemblies, and how seemingly minor waterproofing defects can contribute to much larger problems.

On an SB 326 project, our work may include project coordination, documentation, communication with the client and engineering firm, waterproofing-related observations and consulting, and coordination of other services within our agreed scope.

But experience with waterproofing does not turn a waterproofing consultant into an engineer.

We believe clients deserve to understand that distinction.

Transparency Should Start Before the Contract Is Signed

An HOA board should not have to decipher a website or proposal to figure out who will actually perform the professional services being offered.

Our revised approach is intended to answer those questions upfront.

Before retaining us, a prospective client should be able to understand:

– who the client is contracting with;
– what William Leys Waterproofing Consultants LLC is responsible for;
– which services will be performed by a licensed engineering firm;
– who is responsible for professional engineering judgments and the engineering report;
– what services are included in the proposed scope; and
– what additional investigation or services may be recommended if conditions discovered during the project warrant them.

We believe this level of clarity is good for everyone involved.

Taking Regulatory Guidance Seriously

Businesses sometimes view questions from a regulatory agency as something to fight or minimize.

We chose a different approach.

The Board’s correspondence gave us a reason to review how we communicated our services and ask a straightforward question:

Could an HOA board reading our website or proposal misunderstand who is performing the engineering services?

Where we believed the answer could possibly be yes, we changed the language.

That process has resulted in materials that we believe more accurately describe the respective roles of William Leys Waterproofing Consultants and the licensed engineering professionals involved in an SB 326 project.

Experience and Professional Licensure Are Different Things

California’s SB 326 inspection requirements exist for an important reason: exterior elevated elements can present serious safety concerns when deterioration is allowed to progress unnoticed.

A successful inspection program therefore benefits from both professional engineering judgment and practical knowledge of waterproofing systems and the conditions that cause them to fail.

Those are complementary areas of expertise, but they are not interchangeable.

Our goal is not to blur that distinction. It is to make it clear.

A Better Process for Our Clients

We believe the changes prompted by the Board’s correspondence have made our company better.

Our website is clearer. Our proposals are clearer. The responsibilities of the participants are better defined. And prospective clients receive more information about the structure of the engagement before deciding whether to hire us.

For an HOA board making decisions involving building safety, association funds, and long-term maintenance obligations, transparency shouldn’t be an afterthought.

It should be part of the inspection process from the beginning.



Questions About an SB 326 Project?

William Leys Waterproofing Consultants LLC provides waterproofing consulting and SB 326 project-coordination services for homeowners associations and building owners throughout California.

If your association is preparing for an SB 326 inspection or trying to understand the condition of its exterior elevated elements and waterproofing systems, contact us to discuss the project, our scope of services, and the role of the licensed engineering professionals involved.

Correspondence from the Board of Engineers has led to our developing a clearer and more transparent description of our role, the role of the licensed structural engineering firm performing the engineering services, and how the different parts of an SB 326 project are coordinated for our clients on our website and social media as well as our proposals.
Our clients know…

SB326 & The Board of Directors Fiduciary Duties To Act In the Best Interests of the Association

Fiduciary duty is defined by Merriam-Webster dictionary as a “duty obligating a fiduciary as an agent or trustee to act with loyalty and honesty in a manner consistent with the best interest of the beneficiary of the fiduciary relationship as a principal or trust beneficiary.”

CAI’ magazine “Common Ground” has a very good article in their March April issue on fiduciary duty. Quoting from the article Bob Diamond, senior council at Reed Smith in McLean Virginia says”the essence of fiduciary duty is to act in the best interests of those who you serve. A director must put aside personal considerations when making decisions on behalf of the owners.”

Rotting wood on a deck.

When it comes to SB326 and fiduciary duty the duty of the board is to carry out the inspections as required by law regardless of cost or a lack of  money in the associations accounts to pay for it. A lack of knowledge or understanding about SB326 will not be a legal defense or at least won’t be a strong defense to not carry out an inspection of the common area Exterior Elevated Elements in my non legal opinion.

Continue reading SB326 & The Board of Directors Fiduciary Duties To Act In the Best Interests of the Association

Unattended Propane Grill Burns Down Entire Condo Complex in Foster City

Last week an unattended grill on a first floor patio somehow ignited the building and the resulting fire burned the entire building down, displacing over 150 residents and destroying over 50 condos.

Screen shot from TikTok shows an aerial ladder attempting to suppress the flames coming through the roof.

The building did not have sprinklers as it was an older building that was exempt from retrofitting from our understanding. The resident of the unit that started the fire was arrested on multiple charges including a charge related to 4 firefighters being injured.

This is a tragedy of unbelievable proportions, people’s lives are upended, homes lost, untold amounts of damages, all because of a grill.

WE’VE SAID IT BEFORE AND WE’LL KEEP SAYING IT, GRILLS ARE ILLEGAL TO USE ON DECKS AND PATIOS ON MULTI-FAMILY HOUSING! GRILL ON THE GROUND, AT LEAST 10 FEET AWAY FROM COMBUSTIBLE SURFACES SUCH AS FENCES, LANDSCAPING, THE BUILDING, SHEDS ETC. DO NOT LEAVE A GRILL UNATTENDED!

So what happens next? The HOA is going to find out if insurance will pay for losses or not. If the association failed to enforce a no-grill policy or the requirement by the insurance company, if it exists in the policy that no grills be used on patios or decks, they will likely not be covered. That comes from several conversations I’ve had with insurance professionals. Meanwhile, innocent residents are faced with incalculable losses and trying to recover. This could have been easily avoided.

California state law bans grills from patios and decks on multi-family housing as do many other states and municipalities. Does your association perform inspections to make sure that no grills are on any decks or being used on decks? That might even include walking around on a Saturday or Sunday when someone might be grilling on a deck and also include a comprehensive inspection of each and every deck to ensure there are no grills present and to present the resident with a notice that no grills are allowed on the deck and perhaps even go as far as having them sign a document saying they understand.

This photo (is not the Foster City fire) which shows the grill that started the building fire and how the fire has spread rapidly. Patio furniture ignited, fire through the roof, , the entire interior in flames, all within minutes of the grill being against the wall and backfiring.

If you need help to inspect your balconies to ensure that there are no grills on the decks. Please contact us at 805-801-2380 and we can give you a quote on a one-time inspection or an ongoing series of random inspections.

The Stucco Wall Repairs Looked Great, Until We Water Tested Them… And They Failed

  • Stucco Repairs Are Not Easy to Do
  • Lapping New Building Paper Correctly Under Existing Building Paper is Critical To Keeping The Building Dry
  • Hiring an Independent Quality Assurance Inspector Protects Everyone
  • William Leys Waterproofing Consultants LLC Offers Affordable Quality Assurance Inspections

Our last blog post talked about an owner who hired us to perform an inspection on their condo unit at a well known West Hollywood property. The condo had experienced water intrusion while the owner was away and they came home to find water on their bedroom floor.

Remediation began with removal of flooring and drywall where mold was found. The only problem before fixing everything was to find out where the water was coming from. One clue was the fact that recent stucco and deck work had been done. Couple that with the fact that several rain storms had occurred and the answer seemed to point to the wall being the culprit.

The view from the interior of the wall shows an odd repair of the stucco and building paper using spray foam.

We started with a visual inspection of the area, and made some odd discoveries. New building envelope paper was integrated into existing paper using spray foam. Flashing was assembled using sheet metal tapping screws where it overlapped the next piece of flashing. We could see several areas where stucco was visible as it had pushed the paper out, creating a path for water to follow into the building.

Stucco Visible Behind Open Building Paper

Returning the following morning we set up an informal water test. Using a lawn sprinkler we sprayed the wall where the drywall was open on the interior. Within 20 minutes we observed water on the interior of the building, indicating defective repairs to the building paper.

Water can be seen running down the interior of the wall in this photo. We found two other leaks during the test as well.
A lawn sprinkler imitates rain soaking the building.

So now we can clearly see that the repairs are defective in this one limited area. However our question then becomes if this one limited area has three different areas that are leaking, and the contractor has replaced hundreds of lineal feet of stucco, building paper  and flashing, how many other areas might be leaking as well? Given the data we already have, we’d have to guess that there’s more leaks that remain unknown.

Conclusion- despite the optimism that your contractor is making repairs correctly, the realty is somewhere in between. Attention to detail is critical. Even then mistakes can be made. By having a quality assurance inspector observing and checking your contractor’s work, you can expect that the quality of the work will be much higher. That’s because when people know they are being watched and checked they spend more time doing the job right the first time rather than having to redo the work.

Give us a call today to discuss your condo rehab work and we will discuss how QA inspections improve your job by holding the contractor accountable.

Bill Leys has been performing quality assurance inspections all over California for many years and his diligence in inspecting contractors work has helped ensure that hundreds of leak free homes and condos are restored correctly. Call Bill at 805-801-2380 today.

After 1 minute of water testing, the door leaked.

Private Client Hires William Leys Waterproofing Consultants LLC to Observe, Document and Report on HOA Experts Water Intrusion Investigation Related to Dispute on The Cause of the Intrusion

Water Intrusion Can Cause Considerable Hidden Damages if Left To its Own Devices

It started with a leak into the condominium owners unit, and after 4 months, the cause of the leak still remains unknown. With their home upended by drywall being removed, dehumidifiers running constantly, and continued water intrusion occurring, the home owner has hired William Leys Waterproofing Consultants LLC to represent them as their advocate and expert in determining where why and how water Intrusion continues to occur.

We will be attending and documenting the investigation by the HOAs experts and examine their findings after another in-depth intrusive moisture inspection. With potential legal liability on the line, the owner needs expertise working for their best interest. Our history of performing water intrusion investigations and expertise in documenting provides our client with comfort and security in having us on their side.

With some HOAs it’s up to the owner to prove that the HOA is negligent in protecting the building, and unfortunately this HOA is proving to be difficult to work with and get them to accept responsibility. Our task is to provide the expertise and the proof that the responsibility lies with the HOA, or show the client why it’s not the HOAs responsibility.

When your HOA is not doing its job and remediating water intrusion and you believe it’s their responsibility, by hiring the experts at William Leys Waterproofing Consultants LLC may help sway their opinions to be favorable to your claims.

Reach out today for a free conversation about how we can help you! 805-801-2380.

The Big Beautiful Reflecting Pool Debacle Continues

Watch company president Bill Leys discuss the reflecting pool debacle that is the talk of the waterproofing industry.

Rhino Linings really stepped in it when their contractor Atlantic Coatings took on the job that Sika Corporation declined to be involved in.

What’s your thoughts? Watch the video at our Leys Waterproofing Consultants Official TikTok Account

Nearly 8,000 views so far!

Large Medical Facility Tenant Improvement Contractor Retains William Leys Waterproofing Consultants to Perform Quality Assurance Inspections in Santa Maria

We’re pleased to announce that we’ve been retained to perform quality assurance inspections for a medical facility that will be waterproofed with crystalline waterproofing on a building that has suffered from water intrusion.

The facility is an ob/gyn office that needs to be kept sterile and moisture and mold free. Angelus Waterproofing of Huntington Beach will be applying Koster Systems crystalline waterproofing to the interior of the block walls as the exterior has a stucco system that would be costly to remove. With our assistance the owners of the building selected crystalline waterproofing as the best choice given the conditions and restrictions.

With our years of experience conducting quality assurance inspections and having a highly qualified waterproofing contractor perform the work, the building will be protected from water intrusion for many years as crystalline waterproofing is a permanent system that is impervious to degradation unlike many typical liquid or membrane applied systems.

If you are in need of ensuring your building is being waterproofed properly, please contact us to discuss our quality assurance inspections and how they benefit you, ensure that the waterproofing is being installed correctly and meets all requirements for the manufacturers warranty.

Bill Leys performing quality assurance inspections at Stanford Hospital in Palo Alto on waterproofing over the surgical ward.

Balcony Collapse in Hawaii Injures Seven People!

We’re still trying to get more information, a balcony collapsed in Hawaii with 7 people on it. The balcony appears to have only been nailed to the building from what we can see.

As seen here, the deck appears to have fallen off the building. It appears to have been nailed into the building instead of bolted. An inspection probably would have caught that flaw.
Photo used under the fair use doctrine for education.

This is why inspections matter! The 11th anniversary of Berkeley was two days ago, and here we are again, another collapse. For the people on this balcony, they were injured but they will all be going home from reports I’ve read.

Please schedule your inspection ASAP, if you are renting property either through Airbnb or long-term, protect yourself and your tenants with an inspection.

We serve San Luis Obispo County as well as Santa Barbara and Ventura County for deck inspections under SB326 and general inspections for rental and personal property.

Call today 805-801-2380

This Is How We Think Some of Our Competitors Do Their Balcony Inspections for The Price They Charge…

Does your inspection company have 1099 contractors using Pogo sticks to perform your balcony inspection? This might be a little exaggerated, but the point is, a cheap inspection is a cheap inspection. Hiring the wrong inspectors could cost your HOA dearly. Read on…

Not actual footage of a deck inspection company doing SB326 inspections, but it seems that this method is used in many cases. Blurry photographs, unclear reports, inspections done by 1099 contractors, that low fee for a Stage 1 SB 326 inspection is a loss leader that turns into sky-high engineering and repair fees.

There are still quite a few HOAs out there that haven’t had a balcony inspection done yet. Many are smaller, self managed HOAs that haven’t heard of SB326. These smaller associations are easy prey for unsavory unethical inspection companies that need to feed their never ending high overhead.

By offering ridiculously low initial inspection fees, they Hoover up the unsuspecting HOAs into their pipeline. Once the HOA is in their grasp, they ratchet up the pressure on them; saying you have deck problems and the City is going to fine you $500 a day if you don’t immediately comply… And then they tell you that you need their engineering services, which might be true, although often times it’s not.

This is where the cheap bid the company gave you turns into a high cost engineering job, often costing thousands more than what ethical firms charge. Don’t fall for low fees; all it means is there won’t be an engineer present doing the inspection. That low fee, that’s hundreds or thousands less than legitimate engineers and waterproofing experts fees means there’s going to be a guy on a Pogo stick getting paid $280 a day (we have the help-wanted ads to prove it!) to bounce around your HOA going as fast as he can. He’s probably received very little training, has zero experience in actually building, waterproofing or inspecting decks, yet some people believe that the inspection is just as good as the experts inspections are.

At William Leys Waterproofing Consultants LLC, we  coordinate the independent engineering company to perform are dedicated to providing the very best inspection possible. We know that inspections save lives, protect property and more importantly, reduce liability for the HOA, the HOAs insurance company and the management company.

Bill Leys has performed hundreds of SB 326 waterproofing observations since 2020, and with our independent structural engineer, provides peace of mind to our clients.

Call us today for a free conversation about how we inspect, why we’re better and why your HOA is in good hands with us! Call 805-801-2380 today!

Our peers know who the best inspectors are!

William Leys Waterproofing Consultants LLC is Now A Home Hardening Certified Provider via The Santa Barbara County Fire Safe Council’s “Design for Fire Resilience” Training Course

Bill Leys, President of William Leys Waterproofing Consultants LLC recently completed the Santa Barbara County Fire Safe Council’s “Design for Fire Resilience” Structure Hardening Course for Architects and Building Designers at the Council’s headquarters on State Street in Santa Barbara. The day long course, led by nationally recognized wildfire expert Dave Shew taught participants about techniques and best practices to harden homes in the WUI.
As recognized home hardening building designers, we can now help SLO and Santa Barbara County homeowners with strategies to reduce their homes exposure to wildfire and survive.


We are now offering home hardening assessments for home owners to help you increase your homes ability to survive fires via a variety of preventative methods, including your landscaping, installing ember resistant vents, ensuring that your roof is ember resistant as well as any decks, windows, siding and doors.


Reach out today to learn more about our latest service we offer to help our community survive and resist wildfire!

Call Bill Leys today at 805-801-2380!

Reach out today for a home evaluation! 805-801-2380

Download the Santa Barbara Fire Safe Council/Cal Fire’s free GUIDE FOR HOME HARDENING here at this link below. We bring this guide to you as a public service to increase community safety. No infringement of any copy rights owned by any  entity is intended.

HOAs Are Required to Have Final Inspection Reports Issued After Repairs are Done Under SB-410


Attention HOAs, SB 410 took effect on January 1st and imposes certain requirements on HOAs and on balcony inspection companies.

For HOA Boards of Directors, you are affected in several ways; the first being that SB326 reports are now considered to be HOA records, which means an owner can request and review them at any time. Secondly, reports cannot be withheld or redacted and third sellers of a common interest development property now must provide buyers with the most recent SB326 inspection report.

In regards to inspection companies, their reports must include as of January 1st, the date of the inspection, the total number of units in the community. How many exterior elevated elements there are? And I think it would be a good idea to break down how many of each type there are IE stairs versus balcones versus walkways. How many units have exterior elevated elements? How many exterior elevated elements were inspected and whether any safety concerns were identified.

Our engineering partner is already in compliance with these requirements and so we are ready to forge ahead and set the bar with our superior inspections and inspection reports.

Lastly But probably the most important part of sb410 is the requirement for HOAs to have an engineer issue a final report after repairs are made to life safety issues. This final report is needed to be able to enable buyers of property obtain mortgages and sellers of properties to be able to sell without undue delay. Personally, I expect that we will see legal claims brought against HOAs that fail to obtain final inspection reports and unnecessarily delay there homeowners to be able to close a sale.

As always, this is not legal advice. Please obtain the advice of your HOA attorney related to SB 410 sb326 and any other bills that may affect common interest developments related to balcony inspections.

Continue reading HOAs Are Required to Have Final Inspection Reports Issued After Repairs are Done Under SB-410

Setting the Bar in Coordinating SB 326 Inspections With Independent Structural Engineering Experts & Waterproofing Experts With No Conflicts of Interest