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.
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.
A client we are working with on a balcony inspection proposal walked us through their underground garage to get to the other side of the building so we could count the decks. As we walked through the garage I mentioned that that were a lot of leak areas and I saw that there was some crumbling concrete as well.
They said oh we are getting the leaks fixed, we have two bids and we are going to hire X company to do the waterproofing on the podium deck above. I said that’s good because you have some problems here… What are they doing? It was then they showed me the two scopes of work that the contractors had proposed to do.
We initiated a conversation with the client and discussed these proposals and corresponding scopes of work. The client believed that the work they were ready to award to a contractor was going to fix their problems. Several issues they had were a failing coating on the podium deck, leaks into the building and severe degradation of the structural concrete deck.
We gave the Association a proposal to consult and perform non destructive percussion testing of their concrete deck and the coating on top. The engineer we partner with and I inspected the deck and as seen above, found some serious damage to the concrete and rebar inside. We found that nearly all of the coating on the top of the deck was delaminated and failing. We found that there was stress on the walls that the pool was set into.
Continue reading Why Having a Consultant On Your Side Saves You Heartache…As a waterproofing expert coordinating #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 observations 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 they generally agree that a Stage 2 inspection ( destructive testing inspection) is necessary.
Recently we coordinated Stage 1 inspections of a condo building near Cal Poly in San Luis Obispo. We determined that there was evidence of water intrusion into the framing post the waterproofing systems and the independent structural engineer called for a Stage 2 inspection. Coordinating with a team from Whitestone Construction, Whitestone removed 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 forwarded the photos to the engineer who immediately ordered the decks off limits 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 coordinate balcony inspections, 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 having WLWC coordinate 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.
We are pleased to announce that we have been retained to investigate leaks on a new addition on an Avila Beach residence by the owners of the property.
The owners of the property had hired a local contractor, who with a team of subcontractors built a dining room with a deck above to expand the living space and take advantage of the views that they have. The contractor completed the project shortly before last winter’s rains started up and the owners quickly realized that there were leak problems in several areas of the new construction.
We have performed visual inspections as well as rudimentary water testing that has found several areas of concern that will need to be further investigated via destructive testing.
If you’re building is leaking reach out to us today for assistance in investigating the cause and devising a solution to repair the problem. The longer you wait the worse the damage can become with water intrusion issues into structural elements.
We’re ready to reach, call us at 805-801-2380.
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!
It’s almost Halloween and soon children will be out ringing doorbells for candy by saying trick or treat… And we’ll smile and admire their costumes and fill their bags with some treats and send them on their way.
HOAs are at risk every day of the year however from “trick or treaters” that are disguised as deck inspectors but are really contractors looking to empty your bank account. We’ve seen an uptick in complaints from several HOA managers and HOAs that the deck inspector they retained is now giving them a contract to repair the decks and it seems very high in price and has clauses in it that are onerous and very one sided.
How can you weed out these characters from your bid list and protect your HOAs from being fleeced? While nothing is guaranteed, there are ways to stop these hoodlums in their tracks. To start with, ask your bidders if they have any ownership or other interest in a construction or waterproofing company (we don’t). Ask that they sign a no conflicts of interest guarantee ( we do) and if they do have an ownership or other interest in a contracting company, decline to accept their bid.
Bidding on work after doing an inspection is a gross conflict of interest in our opinion and managers agree with us. Tell your CLAC representative that SB326 needs to be amended to eliminate the loopholes in the current bill. Tell them to ban inspectors from providing bids.
If we find work is needed at your Association, we assist you with writing scopes of work, qualifying 3 contractors to bid and ensure that you are receiving apples to apples bids.
We are open and upfront, if your deck inspector sends to be cagey or avoids answering your questions, you may be getting set up by a contractor.
Have questions? Send us an email with the contact box to the left and we’ll get started on giving you a free EEE evaluation and proposal for your deck inspections. Don’t wait, the deadline is fast approaching.
We love getting positive feedback, I mean who doesn’t?
We don’t ask our clients to review us or praise us, we think that’s kinda cheesy. However we love unsolicited emails like this one that came in today.
“Hello Bill, Thanks again for the work done with ABC HOA. I’ve received high praise from the Board that they really respect your findings and knowledge of the inspection process.” Kevin HOA Manager
See the difference between William Leys Waterproofing Consultants LLC vs our competition and get in touch with us for a free EEE evaluation and proposal.
Guaranteed no conflicts of interest, competitive costs, award winning structural engineer and an expert ex Waterproofing contractor. Can they say that?
Contest us via the contact box to the left to get started.
On Monday we were in Pasadena looking at an association for the purpose of counting how many decks stairs walkways they have so we could bid to perform a SB 326 inspection job. The property is in an older established area that has Magnesite decking in the stairs and decks.
One stairway caught my eye with the long large crack in the Magnesite rubbing down the stair stringer. This critical piece of framing behind the Magnesite has, in my opinion, been infiltrated with water, has swollen and caused the Magnesite to crack and is likely dry-rotted as well, creating a life safety concern should it fail with people in the stairs.
We alerted the Board of Directors and their HOA manager to have the stairs shored up until repairs can be made. We would be remiss if we did not.
An EEE evaluation is not an inspection of the decks and stairs, but it is important to do in person to see the actual site conditions… And who knows, maybe we’ll catch a potential life safety issue at your association while we’re at it.
This is why we inspect, to protect life/safety and preserve your Associations property. Feel free to reach out to us for your free proposal for an SB 326 Inspection.
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.
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.
Call 805-801-2380 Coordinating SB 326 EEE Inspections Since 2020 * Waterproofing Consultants * Leak Investigations 