Tag Archives: building inspection

SB 326 Balcony Inspections

Balcony Inspection Question

We were recently asked by a client a really good question about wording in the balcony bill, SB 326 regarding our interpretation of the section where it states “This section shall only apply to buildings containing three or more multifamily units ” The client’s buildings have only 2 units per building.

We aren’t attorneys, but we did stay at a Holiday Inn Express last night… Sorry that’s a joke… We aren’t able to give legal advice even though we think we know the answer…

Being that we aren’t attorneys we turned to one of the preeminent authorities in the business, Mr Adrian Adams of Adams Stirling PC who runs Davis-Stirling.com and asked Adrian.

Invasive inspections can help save lives.


SMALL BUILDING
BALCONY INSPECTIONS

QUESTION: 

SB 326 states that “This section shall only apply to buildings containing three or more multifamily dwelling units.” Our association has twenty buildings, with only two condos per building. Does that mean we don’t need to inspect our balconies? -Bill

ANSWER: Even though you have 40 balconies (20 buildings times 2), a strict reading of the statute exempts your association from the requirements of invasive inspections. (Civ. Code § 5551(l).) Even though you are exempted, you still need to make visual inspections every three years for your reserve study requirements.

The problem with external visual inspections is that they are external. They can’t detect dry rot and termite damage to a balcony’s structural elements. If any of your balconies collapse causing injuries or deaths, it is almost guaranteed your association will be sued.

Plaintiffs will seek a jury trial and allege the board was negligent in their maintenance obligations and their failure to properly inspect balconies when every other association in the state was performing invasive inspections. A jury would likely agree with plaintiff’s counsel and award substantial damages to the victims. The litigation will negatively impact property values, the buying and selling of units, and insurance premiums. Moreover, the failure of one balcony means all balconies will need to be inspected either during or after the litigation.

RECOMMENDATION: It is less expensive to conduct a § 5551 inspection of your elevated structures than to defend against a wrongful death action. If the inspection finds problems, you can address them and avoid potential harm to residents. If the inspection determines your balconies are in good shape, it provides a layer of protection for the association (and directors) in the event one were to collapse. In addition to inspections, you should institute a regular plan of preventive maintenance and  balcony repairs.

The above information is copyrighted. Reprinted from Davis-Stirling.com by Adams|Stirling PLC

We completely concur with Adrian… My answer back to the client was in the form of a question… Are you willing to find out in a court of law if a jury thinks those balconies are exempt? I think your insurance company is just going to ask how many zeros do there need to be on the check that they write for a wrongful death suit?

It’s not worth the risk to try to avoid an inspection when the stakes are so high. Get in touch with us today about your balcony inspection needs and let us help guide you through the process. We guarantee in writing that a structural engineer performs the inspection in person and that we have no conflicts of interest. Our only interest is you, our client.

SB 326 Balcony Inspections

Remembering The Berkeley Balcony Victims on the 8th Anniversary of The Tragedy

Today marks the 8th year since the balcony at Library Gardens literally fell off the building with 13 young adults standing on it to take a birthday photograph Seven people died as a result of a near 40 foot fall to the concrete sidewalk below. Ashley Donohoe, Olivia Burke, Eoghan Culligan, Nick Schuster, Lorcan Miller died at the scene and Aoife Beary passed away on January 2, 2022. The survivors were left with lifetime suffering and pain from grievous injuries.

I contributed to several newspaper articles with my opinion, I reviewed plans, photographs and other information sent to me by journalists for the LA Times and Mercury News Group. There is no doubt in my mind that the defect that caused the deaths and injuries to these kids was set into motion the day a carpenter took a saw to the laminated veneer lumber beams and cut them to provide slope on the deck without then sealing up the open exposed wood/glue to prevent water from getting into the material. With the addition of OSB/oriented strand board, and all of that crap wood being soaked for months during a rainy winter set into motion the demise of that balcony.

The builder didn’t protect the deck from moisture the carpenter didn’t protect it from moisture nobody protected it from moisture and as a result of carelessness neglect whatever they want to call it the blood on that sidewalk may be washed away but it’s still there… That sidewalk is holy ground. I make a sign of the cross when I’m on that sidewalk.

There is no doubt in my mind that a balcony inspection should have found problems and that deck would have been. People had reported that the deck had unusual slope… Which seems to indicate that the deep beams were slowly failing. It is also reported that they were mushrooms on the ceiling below that was simply scraped away, which should have been a huge warning sign of moisture intrusion. It certainly would have set alarm bells off in my head.

The Berkeley deck collapse is on my mind every time I perform a balcony inspection. I think what if that was my daughter or son lying on that sidewalk? I think about the parents and families who lost their child and I renew my vow each time in insisting that I do the best inspection possible, that when our engineer signs your report that your balconies are safe, that I won’t wake up one morning to the news of a deck collapse on a property we’ve inspected. This is that important to me.

Contact us today via text or calling 805-801-2380, email us using the contact box to the left …

Deck Inspections

Another Day, Another Preventable Deck Collapse…

By now many people have read the story of a deck collapse in a vacation rental in Georgia…9 people were injured, including several senior citizens. Fortunately no one died.

The pictures of the “accident” show a typical deck collapse scene, the rotted wood at the house to deck connection, the furniture and deck spilled all over the ground, rescue crews giving first aid and transporting victims to the hospital.

A typical deck collapse with multiple victims caused likely by a poor connection to the house with rotted wood failing and sending the deck crashing to the ground.

As a professional performing deck inspections I can say that I see this typical scene over and over, particularly on single family homes and it seems, very often that they are on rental properties. After viewing this picture above I tweeted out to Airbnb and VRBO that they could help lead the drive to deck safety by requiring owners to have professional inspections signed off before they can rent the property and let people use the deck. Very often on rental properties there are a number of people visiting having a party on the deck and then they go over to the edge of the railing where the view is to have a picture taken of the group and that’s when the decks framing becomes overloaded and the deck crashes to the ground.

Influential and powerful companies like VRBO and Airbnb have the ability to drive owners to have inspections performed on the deck. Insurance companies can also start requiring inspections of decks before they insure a property.

As a professional inspector whenever I am at a party or someone’s house with a deck on it I will walk underneath the deck and take a look at the connections between the house and the deck, the framing the posts etc., to make sure that I am not going to be the victim if the deck comes down. That may make me sound like a Debbie Downer but I’ve seen the results of too many deck collapses hospitalizations, death, long-term injury. The Berkeley deck collapse should have been a wake-up call Nationwide but we just ended up going back to the usual and typical shrugging and saying not much we can do…

Well there are things we can do, we can require inspections on vacation rentals where it’s likely that large groups of people will gather in the deck. We can stop or severely reduce deck collapses by requiring owners to have their decks inspected yearly. A typical deck inspection might run $250 to $350…

To paraphrase Rage Against the Machine, “It has to start somewhere, it has to start sometime
What better place than here, what better time than now?” It’s time to start fixing this preventable problem.

SB 326 Balcony Inspections

Santa Barbara HOA Selects William Leys Waterproofing Consultants LLC For Their SB 326 Balcony Inspections

We are pleased to announce that we have been selected by an HOA in Santa Barbara to perform their SB 326 Balcony Inspections. The 29 + EEEs, including decks stairs and walkways will be inspected by our licensed structural engineer and Bill Leys, a qualified waterproofing consultant who has been inspecting decks since 2007.

This job marks the 6th contract we’ve signed with the management companies HOA clients. They know when their clients contract with William Leys Waterproofing Consultants LLC that they are getting a company that has great references, no conflicts of interest and a commitment to our industry and HOA clients to do what’s right.

Contact us today for your free EEE evaluation and proposal. I walk every job before we bid, we know your property and we know how to do your job efficiently. There’s a reason we are becoming the deck inspection company to rely on. Contact Bill Leys today and get started on working with a company that has your interests first.

SB 326 Balcony Inspections

Palm Springs HOA Selects William Leys Waterproofing Consultants LLC To Perform SB 326 Inspections on Their EEEs

We are pleased to announce that we have been selected to perform inspections under SB 326 for a property in Palm Springs CA. With over 70 EEEs to inspect, the association sought inspection quotes from some of the best inspection companies in California. We are honored to be thought of as highly as Sigler & Associates, A7 and Focused Inspection Group and asked to bid this job.

The Board of Directors interviewed each company after reviewing their proposals. I specifically told the Board during my interview that if our company lost the job, that I knew they had competent bidders that had no conflicts of interest and that I could sleep soundly knowing that they would be in good hands if they selected another company. I continually warn my managers that there are unsavory deck inspectors that are only seeking to take advantage of unsuspecting HOAs that are easy marks. We guarantee that we have no conflicts of interest. Some deck inspectors own waterproofing companies that want to do the repairs without you getting three competitive bids…

People say I’m crazy to talk up my competitors, but I don’t look at these companies as competitors, I look at them as peers worthy of respect and that they represent our industry well. I’m happy that we were awarded the job… And look forward to bringing your Association competitive bids against my worthy peers. May your association win the best inspection it deserves.

Your association deserves the best inspector who has zero conflicts of interest.

Call me, Bill Leys the Deck Inspector at 805-801-2380 for a fast free quote on your SB 326 inspection. We’ll be happy to bid against our peers and so will they.

SB 326 Balcony Inspections

Carhill Condominiums in San Luis Obispo Contracts with William Leys Waterproofing Consultants LLC For Stage 2 Balcony Inspections

We are pleased to announce that we’ve signed a contract with Carhill Condominiums in San Luis Obispo to perform Stage 2 inspections of the Associations EEEs.

Stage 2 inspections include destructive testing and borescope camera inspections after our Structural Engineer determined after a Stage 1 inspection that water was getting past the building envelope into structural members of the EEEs.

Bill Leys, president of William Leys Waterproofing Consultants LLC said ” We are fast becoming the choice of HOA managers and Associations to perform SB 326 inspections because of our commitment to being free of conflicts of interest by guaranteeing in writing that we do not own any contacting firm, bid on any work or have any interest in any products we may specify for repairs and restoration of an Associations EEEs. Managers recognize that low ball bids for balcony inspections come from firms that own waterproofing companies that want to do the repair work. These companies know they can pad the cost of inspections into the cost of repairs and the Association is hoodwinked into thinking they got a deal. William Leys Waterproofing Consultants LLC always seeks 3 bids for Stage 2 inspections and 3 bids for repairs to structural elements.”

Stage 2 Inspiring results- This deck has severe water intrusion issues after a Stage 1 inspection determined that water likely leaked into structural members.

The experts at William Leys Waterproofing Consultants LLC invite your Association to come experience our professionalism, expertise and no conflicts of interest guarantee and see why we are becoming the choice of HOA professionals to perform EEE inspections.

SB 326 Balcony Inspections

William Leys Waterproofing Consultants LLC Signs Varsity Park HOA for An SB 326 Inspection

We are excited to announce that we were selected to perform the balcony inspections at Varsity Park HOA in Moorpark by the Board of Directors of the HOA under SB 326.

Balconies await inspection by Bill Leys, the Deck Inspector.

The property is managed by A Diamond Management located in Thousand Oaks.

Bill Leys, President of William Leys Waterproofing Consultants LLC said the award of the contract to the firm is another sign that the managers of associations recognize the experience of the company and that the firm’s competitive pricing allows HOAs to be able to afford the best deck inspectors in the industry. “A lot of other companies don’t have deck inspectors who have actually installed deck waterproofing systems like I have. Years of experience installing deck systems and tearing apart failed deck systems teaches one a lot more than what ” book learning”: ever can. Real experience makes a difference.”

Please contact us for your free no obligation EEE evaluation and proposal for an SB 326 inspection. We visit every job personally so we know your property, and what it will take to inspect it effectively. We don’t ask you to send us pictures and tell us how many decks you have… That’s not your job to do the deck inspectors job.

See why Bill Leys is The Deck Inspector. Call or email us now.

SB 326 Balcony Inspections

William Leys Waterproofing Consultants LLC Joins Coachella Valley CAI Chapter

We are proud to announce our affiliation with CAI’s Coachella Valley chapter. We look forward to serving the Coachella Valley areas HOAs with our SB 326 Balcony Inspection and roof and waterproofing consulting services.

Bill Leys, president of William Leys Waterproofing Consultants LLC said “I’m looking forward to helping HOAs with their balcony inspections as our main focus, and bringing our No Conflicts of Interest guarantee to the valley. We recognize that many HOAs are in need of inspections by a company that only works for their interests.”

If your Coachella Valley HOA needs a balcony inspection, please get in touch with us at 805-801-2380 or by email at leyswaterproofingconsultants@gmail.com

Bill Leys has been a waterproofing contractor for over 15 years and is recognized nationwide as an expert on deck waterproofing. Bill testified at CA Senate hearings when the balcony bills were being written and brought attention to the problems HOAs have with their decks and balconies.

We look forward to serving the Valley and bringing our expertise to managers and HOAs.

Uncategorized

We Are Now Offering Building Wellness Exams For HOA’s

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Is your building envelope healthy and thriving? Or is your building envelope suffering from the constant assaults by Mother Nature, wear and tear, neglect and age? Property Condition Assessments are the official name for what we term a Building Wellness Exam. With our Building Wellness Exam, you’ll know how your building envelope’s health is doing. What is a building envelope you might ask? Simply put, a building envelope consists of the various waterproofing and water resistant products that keep your buildings dry and habitable.

Inspections form the basis for proper mainatennce and repairs.
We find the small problems before they become big problems.
Leaking garages can led to major structural issues.
Cost to repair, 3k, cost to replace, 10-12k.
This could be a life safety issue.
Owner Bill Leys has over 20 years of on the job experience!

Roofs, siding, decks etc are all part of a building envelope. Separate items, they must all work together to shed water away and out of a building. If they don’t work together, or if they aren’t maintained, repaired and replaced when necessary, failures can cause massive problems at massive costs to repair.

Our Building Wellness Checkups, based on ASTM E2018-15, Standard Guide for Property Condition Assessments, don’t cost a lot but they can save you a lot of money and trouble by getting your building maintenance issues under control. Learn more at our new web page here and get started today to keep your buildings healthy! Call us or send us a message using our contact form on the left side of the page.