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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.
Continue reading Protect Your HOA With Our SB326 Inspection CertificationFiduciary 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.”
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 AssociationBalcony collapses in the Silver Lake area of Los Angeles CA. Fortunately only minor injuries.
I have questions.
Was this a condo or an apartment?
Was an SB326 or SB721 inspection done and what were the findings?
Who did the inspection if it was inspected?
If it wasn’t inspected, why not? SB326 required inspections to be done by January 1, 2025 and SB721 was extended a year until January 1, 2026.
Did a landlord/property manager delay the inspection if it was an apartment?
Did a board of directors delay an inspection despite the deadline?
All these questions need to be asked by ABC7 Los Angeles who reported this incident. ABC 7 please reach out to me and I will meet you on site today, Sunday Feb 16th to review the accident scene from the street. 805-801-2380 Bill Leys
Someone or someone’s will be getting sued.
We recently completed an SB 326 inspection for a client in Los Angeles where we discovered several concerning issues with their decks. The client had no idea that these problems existed, and appreciated that we recognized the severity of the issues, which resulted in our having to immediately close several balconies from being used. Even though the news wasn’t exactly what they wanted to hear, after reading our report they sent us an email saying in part;
“The HOA appreciates the detailed feedback you and Eric provided as a result of your inspection on September 19th.” Joe B Los Angeles CA
Our reporting strictly adheres to the requirements set by SB 326, in which an engineer or architect must perform the inspection themselves. We write a supplemental report related to the waterproofing, which is appended to our structural engineers report who is reporting on the structural components of the EEE’s.
One thing clients seem to like in particular is markups on the inspection photo’s we include in our report. It makes it easy for them to “see” the issues we see.
Time is running out for the inspection deadline date, but don’t worry, we can make your inspection happen before Jan 1 if you act now and call us at 805-801-2380 to get started with a free estimate on your inspection.
Is humor the best way to market our SB326 inspection services? Viral memes seem to resonate with people these days so it’s worth a shot.
If you need a SB326 inspection you need to vet your inspector thoroughly. Are they independent and free of conflicts of interest? Any inspection company that owns a waterproofing or contracting company is not free of conflicts of interest.
We’ve seen multiple clients coming to us with SB326 reports in hand that were written by contractors, signed off on by an engineer who didn’t actually inspect the EEEs and the report is written to favor the contractor who now uses that report to extort HOAs reserve funds.
At William Leys Waterproofing Consultants LLC we guarantee in writing that we have no conflicts of interest. We don’t own a waterproofing or contracting company, we hire a structural engineer who writes the report and we write a supplemental waterproofing report that is appended to the engineers report.
Call today, time is running out for getting your inspection done before the deadline. 805-801-2380 ask for Bill.
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.
Watch this video where Bill Leys discusses some if the problems SB326 has and how Associations can protect themselves from the loopholes in the bill.
One of the first things to do when qualifying your balcony inspector is to ask if they own or are employed by any contractor, Waterproofing or general contractor… And if they answer yes… Well Bill has some advice for you and you’ll just have to watch to see what to do.
Yes it’s true, we have a YouTube channel that we will be bringing educational content too.
Our first video discusses who can inspect EEEs under SB326, what warning signs to watch for when considering inspectors and why William Leys Waterproofing Consultants LLC is a great choice for your inspections.
Be sure to subscribe to our channel and comments are always welcome!
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
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Call or text me anytime at 805-801-2380 for fastest service.
SB 326 Deck Inspection Specialists * Building Waterproofing Consultants * Construction Defect Investigations By Bill Leys The Deck Expert 