There’s a lot of false information being spread by grifters in the balcony inspection industry.
First let me say that I have a lot of respect for my peers in the waterproofing consulting industry. Many of them are members of trade association groups, have designations as roof and waterproofing consultants and have the highest ethical standards. I salute them and place myself amongst them as a person who puts their client first, above all other interests.
Then there are the people in the balcony inspection industry who are spreading false information, sowing fear and generally lack any moral compass at all. They typically own a contracting business and are in the balcony inspection business to take advantage of unsuspecting managers and Boards of Directors of HOAs.
Case in point, the screen shot above from a deck inspectors website… Saying the inspection must be done by a licensed and certified inspector. There are no requirements set down in SB 326 that an inspector must be licensed or certified. What SB 326 says is the report must be signed by a licensed structural engineer or a licensed architect. There is no licensing entity, such as CSLB or The Board of Professional Engineers that issues licenses or administers tests for EEE inspections under SB326. This competing inspectors website is full of false information designed to frighten you.
Secondly, Associations are not required to file their balcony inspection report with the city or country building department. If, and only if the Structural Engineer or the Architect determines that an EEE is structurally unsound, and is a threat to life/ safety, then that person is responsible to notify the local building department, within 15 days after the inspection about the unsafe structure.
Third, we already caught this “deck inspector” having a balcony inspection report signed by a civil engineer and have reported that to the Board of Professional Engineers for investigation.
When you know the facts you’ll see why we and our fellow peers uphold the highest standards and are your best choice to perform your balcony inspections. Don’t get bamboozled, get educated, ask questions and above all always get 3 bids. Call us today for your free EEE evaluation of your HOA and rest easy knowing we are working in your best interests.
Go to the Board of Professional Engineers website and look up this license number. It doesn’t belong to the civil engineer who signed it. Now look up the name of this engineer and you’ll see that he is a civil engineer. https://search.dca.ca.gov/?BD=31. And just out of curiosity, isn’t it strange that this guy used the wrong license number?
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.
I was going to write an article on SB 326 and discuss the bill and it’s intricacies, although not as a lawyer, because I’m not one and I can’t give legal advice-except to advise you to get legal advice…and so while I’m researching and of course reading other experts articles, opinions etc, I came across one article that stood out from the rest. It was written by David Swedelson.
David Swedelson of Swedleson & Gottlieb LLC is located in Los Angeles CA. David and the firm he is a partner in do a lot of HOA related law work and I’ve known him for nearly 18 years as member/vendors of CAI Channel Islands Chapter. David is passionate about the HOA industry and laws governing the industry. He wrote what I’d basically write-an unvarnished opinion that hits all the issues in the bill and addresses the problems a Board/Association could face if they don’t get their inspections done.
Lets look at some points David makes; On pages 2-3 of the article, David points out the fact that some balconies/walkways may be exempt from needing to be inspected. This is absolutely true; however, as David points out, just because a deck is over living space doesn’t mean it and the railing assembly shouldn’t be inspected. We agree, inspect even if it’s not “required” to be inspected. Decks over living spaces are roofs first, and therefore generally the HOA’s responsibility to maintain, repair and replace. Inspections form the basis for maintenance to ensure building components reach their maximum life expectancy. And inspections cost far less than defending lawsuits if something was to happen.
Under “Who Can Make The Required EEE Inspections” on page 3, David is again totally correct saying that inspections MUST BE MADE BY A LICENSED STRUCTURAL ENGINEER OR ARCHITECT and while a contractor may be involved in the inspection process opening up areas for inspection, a licensed contractor is NOT qualified to make these inspections. Further David cites an example that we see happening all the time, contractors telling associations that they will do the inspections and have their inspections signed off by a licensed architect or structural engineer. YES, YES and YES. I have heard of a civil engineer who has been caught signing an SB 326 report. So Associations need to be very careful with whom they have do their inspections with. We as professional SB 326 inspectors work with, and our reports are appended to the Structural Engineers stamped report. We guarantee in writing that we have no conflicts of interest.
On page 4 David addresses an important point under “What Happens If The Expert Finds Dry Rot Or Other Conditions Affecting The Structural Integrity Of The EEE?” Again, David is correct in saying that the inspector must send a copy of the report to the local code enforcement agency within 15 days of completion of the report. If there are structural defects that presents a hazardous condition, or even a hint of a hazardous condition, the structural engineer isn’t going to say well maybe it won’t collapse; no they are going to default to it’s hazardous and needs immediate attention. Why? Surfside. If you don’t know look it up.
David is correct on the dollar figures and as the deadline looms, experts will get booked up. What he doesn’t mention though is that this will be the time when grifters take full advantage of desperate Associations who are trying to meet the deadline for inspections.
On page 5 of David’s FAQ’s “What If A Board Fails To Comply With The New Balcony Inspection Law?”, David’s points are pointed. There could be a lack of coverage for the Board if an inspection didn’t get done, someone gets injured and sues.
David cites several relevant cases where that happened, and so the judicial deference rule will not protect Boards under all circumstances. Probably not something you as an Association want to be the example on…
All in all, the issues David brings up, the examples etc, all show how important it is for HOA’s to get started sooner rather than later-2025 is 2 years away; far but not that far. It’s going to get busier and busier for balcony inspection companies, and that’s not something that can be changed quickly. There’s only so many us professional and ethical balcony inspection companies and we can only do so many inspections. They take time and so do reports.
Call us today for a free EEE evaluation at your HOA, and take David Swedelson’s words with you as you seek to get your inspections done. We’re at 805-801-2380 or email us through the contact box on the left side of the screen.
SB 326 Deck Inspections & Building Envelope & Waterproofing Experts
SB 326 Deck Inspections * Waterproofing Consultants * Construction Defect Investigations By Bill Leys The Deck Expert 