Tag Archives: bakersfield deck inspection

Deck Inspections, SB 326 Balcony Inspections, Uncategorized

Protect Your HOA With Our SB326 Inspection Certification

If you have been following our blog for any time now you know that we have been railing against the practice that is roiling the inspection industry where unethical inspection companies are using Engineers or Architects to robo sign reports that they have written after they have done the inspection. Sb326 clearly requires a licensed architect or engineer to perform the inspection however some companies are trying to deliberately circumvent that requirement and are using contracted labor to do the inspection instead of an architect or engineer.

We made up this form that you should ask your inspection company to fill out and certify/attest that their inspections follow the letter of the law and that a architect or engineer shall be performing the inspection.

The SB326 inspection certification form will give your HOA some legal protection (inquire with your attorney as to what limits there might be) from liability if a company tries to slip one by you. An example is a report that we saw from empire works where the report was clearly written by empire works and there was a letter attached to the report by the architect saying that empire works perform the inspection and that that architect concurred with their findings. Our discussions with attorneys has determined that the report does not meet the requirements of 326.

Download it here for free! The first doc is in word form. For the PDF version click the second that says  Inspection Certificate PDF

Inspection Certificate word versionDownload
Inspection Certification PDF version Download
SB 326 Balcony Inspections

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 that they don’t have 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 carrying out an inspection of the common area Exterior Elevated Elements.

A director for a homeowners association must act within the scope of their given authority, acting good faith use ordinary care Act in the best interest of the association and act reasonably when making business decisions.

The reason sb326 exists is because of the tragic collapse of a balcony in Berkeley that resulted in the deaths of seven people and leaving six with lifelong injuries. Warning signs were evident and the property management company failed to investigate the reported deck problem thoroughly. That is one of the reasons that a multi-million dollar settlement was made before the case went to trial.

Unsafe railing

William Leys Waterproofing Consultants can help Boards meet their fiduciary duties with our thorough and comprehensive inspections of your decks, stairs and walkways. By hiring an experienced waterproofing inspector like Bill Leys, who guarantees that a structural or civil engineer will be performing the structural inspection, helps protect the Association from financial liability. Our inspection team has 20+ years of experience in structural and waterproofing experience.

By hiring an experienced firm with the required credentials, your association will be secure in the knowledge that your EEEs are safe for residents, guests and service personnel to use. We’ve seen competitors of advertising that they are “the cheapest inspection company”. From our perspective, that isn’t comforting at all, especially when you find out that the cheapest company is hiring “handymen” as contract labor to perform the inspection.

Hidden danger exposed after destructive testing.

Reach out today for a quote on your SB 326 inspection needs. We give you a fast free quote that exceeds the requirements of SB326 by inspecting 100% of the EEEs, utilizing moisture meters, thermal imaging cameras and as needed, borescope cameras.

Don’t leave your Association legally exposed to lawsuits by ignoring your fiduciary duties. Call Bill Leys directly at 805-801-2380 to start your inspection. William Leys Waterproofing Consultants LLC has been setting the bar in performing SB326 inspections since 2022.

SB 326 Balcony Inspections

Article Written by Adrian Chiang Esq Leaves Zero Doubt About Who Can Inspect EEEs Under SB 326

This past week I got my quarterly issue of Channels Of Communication from the Channel Islands Cheaper of CAI. I was very excited to see that Adrian Chang of Swedelson Gottlieb had written an article on SB 326.

The article references who can inspect association balconies and other EEEs under SB326. Attorney Chiang lays it out with this answer to his own question,

“Who inspects the EEEs and what to expect?“


“A licensed architect or civil or structural engineer* must perform the work.

LICENSED GENERAL CONTRACTORS are not authorized by this new law to perform the EEEs inspections to comply with Civil Code § 5551.”

This statement confirms our opinion that a contractor cannot perform the inspection. A contractor, in our opinion ( not a legal opinion) may accompany an engineer or architect and perform a waterproofing inspection and write a supplemental waterproofing condition report that is attached to the engineers report.

You can read the article here at Swedelson Gottlieb’s blog.

At William Leys Waterproofing Consultants LLC we work with an award winning structural engineering firm that performs the structural inspection and we write a supplemental waterproofing report on the waterproofing elements. Our report is appended to the engineers report which is sealed and signed by the engineer of record.

If your report is not done by an engineer or architect, in it likely does not meet SB326 requirements and you may be the victim of fraud. Inquire with your attorney.

The substrate is checked with an awl in what we call a pick test. Soft wood is easily found with this method.
SB 326 Balcony Inspections

My Email To CLAC Regarding Modifying SB326 to Ban Inspectors from Bidding on Repairs

My email to CAI-CLAC  asking them to modify SB 326 to ban inspectors from bidding on repairs.

If you’ve experienced high pressure tactics, feel taken advantage of, that unnecessary work was done it you are being told needs to be done, let CLAC know by emailing them at lsrc@caiclac.com

Please see below

Good afternoon,

Here’s some documents from EMPIREWORKS, a vendor member of CAI who isliterally using SB 326 to steal from HOAs. They are considered among the the worst of the worst by my fellow inspectors and I who do not bid on repairs.

We’re being asked for second opinions by HOAs who are being told all their decks need to be replaced ( they don’t) at hugely inflated costs. These companies use pressure tactics, to threatening to report the HOA and that there’s huge penalties if they don’t comply.

Please call some of the inspection companies listed at Davis Stirling. These companies will tell you the same thing I’m telling you.

Please read some of the contracts; are they a company that you as counsel to an HOA client would advise the contract is ok to sign? Seeing these egregious clauses , which I’ve been told are unethical at best and illegal and unenforceable at worst, would you even advise a client to continue negotiating with or would you advise them to run?

This is what’s out here and what we’re dealing with on a near daily basis.

I’m sick to death of the people who will literally walk through the blood on that sidewalk in Berkeley to steal a dollar. The anniversary of Berkeley is coming up in June, and those victims must be remembered and their deaths not be in vain. That is why I am so vocal. Appreciate you listening.

Thank you,

Bill Leys President
William Leys Waterproofing Consultants LLC
Follow me on Twitter BlueSky Threads Insta and Tik Tok, search @deckinspector

Call or text me anytime at 805-801-2380 for fastest service.

This architect admits he didn’t inspect the EEEs, and he lives in Tennessee, so he’s literally robo-signing reports that are being inspected by a contractor who is writing the report to their advantage.
The Board of Engineers says yes it appears that the engineer violated the law, but there’s nothing we can do

SB 326 Balcony Inspections

Santa Ana HOA Selects William Leys Waterproofing Consultants LLC to Perform Their SB326 Inspections

We are pleased to announce that we have been selected by a large HOA in Santa Ana to perform their balcony inspections under SB326 requirements.

With over 100 EEEs to inspect the visual instruction will take apx 3 days of time to do, with 50+ 2nd & 3rd floor decks, numerous walkways and stair cases, the association knew it needed to select an independent unbiased inspector with the qualifications they required- no contractors allowed to bid, years of experience and a guaranteed structural engineer who actually is on site doing the structural inspections.

Numerous 2nd & 3rd floor decks will be accessed by ladder, minimizing disruption to the residents.
Numerous stairs with wood stringers are required to be inspected under SB326.

We are transparent and open to being questioned about our means and methods, our experience performing inspections and our ethics. We don’t bid on repairs that an HOA needs, we assist HOAs in getting specifications written and three bids from independent contractors who don’t do balcony inspections.

Contact us today for your free EEE evaluation and proposal for balcony inspections. Call 805-801-2380 ask for Bill.

SB 326 Balcony Inspections

Stage 2 Destructive Testing Balcony Reveals Significant Deterioration

As a balcony inspector performing #SB326 inspections on condos in California, I often hear the complaints about costs of these inspections. Stage 1 visual inspections are costly, and if the Structural Engineer determines that further Stage 2 destructive testing is necessary, it can get very expensive very quickly.

However, Stage 2 inspections are very important. When I’m doing my inspection of the waterproofing elements, I often find signs of water intrusion into the framing. My engineer and I confer and I explain what I’m seeing, what I think is the cause and we generally agree that a Stage 2 inspection ( destructive testing inspection) is necessary.

Recently we performed Stage 1 inspections in a condo building near Cal Poly in San Luis Obispo. We determined that there was evidence of water intrusion into the framing and called for a Stage 2 inspection. Working with a team from Whitestone Construction, we had Whitestone remove stucco and masonite siding on 5 decks that are on the 3rd floor of the building. These decks are covered with 1″+ of concrete on them, and after the crew from Whitestone removed stucco and masonite siding, we discovered significant structural damage that was so alarming we immediately closed the decks to use.

The concrete decking and stucco siding hid serious damage that presented immediate life safety concerns to us. This meant the decks were unsafe to be occupied until repairs are made.

While looking at the damage, the Berkeley balcony tragedy came to mind. Here, as in Berkeley, students used the decks to hang out on, perhaps leaning on the railings to talk to friends below. A person in these balconies could have fallen from a railing giving way because the framing it was secured to was so rotted out wouldn’t hold.

The horrors of Berkeley can never happen again. Thirteen students in Berkeley fell 40′ to a concrete sidewalk. Seven died and six are left with serious life long debilitating injuries and the mental pain of that terrible evening.

Berkeley is why we inspect, and Berkeley is why I have become a warrior in the battle against bad contractors doing bad work that gets people killed. SB 326 needs some fine tuning, but overall it is saving lives. My peers in the industry and I stand up for keeping buildings and decks safe.

Independent inspectors, free from conflicts of interest, are your Associations best defense against another Berkeley tragedy from happening again. Yes inspections aren’t cheap, but a lifetime of being haunted by nightmares of people dying in a fall from a balcony and the costs of a lawsuit for negligence will quickly outrun the costs of doing inspections.

Reach out today to get started on your balcony inspections and get your association compliant now. Don’t delay thinking the deadline will be extended ( it might be) and even if it is, dry-rot is working on weakening your decks, putting people’s lives at risk.

Our warning notice to not use the deck until it is fixed
Don’t delay your balcony inspection! The life you save could be your own.
SB 326 Balcony Inspections

Stage 2 Balcony Inspection Shows Hidden Damage

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Stage 2 Balcony Inspection Shows Hidden Damage
Fungus damaged plywood
SB 326 Balcony Inspections

Simi Valley SB 326 Deck & Stair Inspection Finds Multiple Hidden Problems

William Leys Waterproofing Consultants LLC recently completed an SB326 inspection in Simi Valley at an older condo complex. The association has numerous styles of decks and stairs and landings serving the upper units.

As experts in waterproofing and investigating decks we had our suspicions about the integrity of the decks and stair landings. Using our trusty moisture meter, our instincts proved to be correct in our inspection.

Unfortunately (or fortunately) we discovered many stair landings have hidden dry-rot issues that we uncovered. We also found numerous decks with dry-rot around the deck drains where water had intruded into the plywood substrate and framing. While these problems won’t be inexpensive to fix, the association is fortunate we discovered them early, before a landing rotted out and collapsed or someone’s foot went through a dry rotted deck.

Hidden dry-rot at stair landing.
More hidden dry-rot
High moisture reading in a stucco covered support column
Deteriorated steel stairs.
Dangerous railing is loose and unable to prevent someone from falling off if they leaned on it.

Experience matters when it comes to performing deck inspections. We’ve been doing inspections of decks and stairs since 2005, and have investigated and fixed thousands of decks as a waterproofing contractor since 2003. As balcony inspectors, we partner with an award winning structural engineer to provide the highest quality inspections that we can.

Contact us today to get started on your deck inspection project. The deadline isn’t that far away. Call Bill Leys direct at 805-801-2380 or use the contact us box on the left side of the page today!

SB 326 Balcony Inspections

William Leys Waterproofing Consultants LLC Will Be Displaying At CAI Coachella Valley’s Annual Legislative Update Friday November 10th

We’re excited to announce that we will be sponsoring a vendor booth on Friday November 11th at CAI Coachella Valley’s Annual Legislative update, their biggest trade show of the year!

Be sure to stop by our booth and learn about our SB 326 inspection and building envelope services.

We’ll tell you about it No Conflicts of Interest guarantee and why it’s so important that your inspector should not be bidding on any repairs.

We check off all the right boxes for HOAs
SB 326 Balcony Inspections

William Leys Waterproofing Consultants LLC Signs A Simi Valley HOA For a Stage 1 SB 326 Inspection

We are pleased to announce that we’ve just signed a contract with an HOA in Simi Valley for a Stage 1 balcony inspection.

The inspection will include 44 balconies and 32 stairs that are required to be inspected under the bill.

Citing our experience and having the best price of the 3 bidding firms, the HOA has placed it’s confidence in us by voting to hire us

See the difference when you hire William Leys Waterproofing Consultants LLC! Get in touch today!