Tag Archives: Palm Desert SB 326 Inspections

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.

Deck Inspections, SB 326 Balcony Inspections, SB 721 Inspections

Balcony Collapses After SB326 Balcony Inspection Bill Deadline Passes, SB721 Apartment Inspection Bill Was Extended

Balcony 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.

SB 326 Balcony Inspections

Using Humorous Memes To Get Our Message Out- Protect Your HOA from Unethical SB326 Inspectors Who Own Waterproofing/Contracting Companies

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.

SB 326 Balcony Inspections

Bill Leys Discusses SB 326

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.

See what Bill has to say!
SB 326 Balcony Inspections

Follow Us! We’re Now On YouTube!

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!

SB 326 Balcony Inspections, Uncategorized

A Competitors Guarantee Gives Away Their Game

We compete against Dr Balcony around central and southern California. They are members of multiple CAI Chapters. Despte their low price offer, I know of at least 2x we won a job against them even though my company submitted a bid that was more than theirs.


Why? When I was able to give a presentation to a board of directors and explain how we operated, that we had a licensed structural engineer performing the inspections, that I did a supplemental waterproofing report that was attended to the engineers stamped and sealed report, that we inspected 100% of all the EEEs to ensure that nothing was overlooked, we were awarded the job. They saw my years of experience as a waterproofing contractor, that an engineer was personally on site doing the inspection, that our no conflicts of interest guarantee that we don’t bid on repairs, that we get competitive bids without obstructing the free market, that the 20% discount is a fraudulent attempt to subvert the market, where competitive bidding and a companies experience matter.

I have it on good authority from a client who had this company on site & when they saw who was inspecting the deck complained to their HOA, lo and behold an architect appeared and inspected their deck at that time. They did not know if the architect continued to inspect other decks or just theirs.

I am making inquiries to the Architectural Board & the Board of Engineers as to whether the engineer or architect has to actually be on site & perform the inspections or if they can allow an individual without any engineering or architectural qualifications to perform the inspection basically write the report & then they will put a cover letter on that says the report is accurate.

This offer of taking 20% off the lowest bid that the association received  is just a bad sales tactic because they want to do the repairs, & that 20% off will be easily added back into the cost of the repairs because who is keeping them honest once they get the work?

Let’s math. Let’s say my company bid your inspection, with a guaranteed structural engineer, with a no conflicts of interest guarantee in writing as well, at 20k. For sake of a comparison, let’s say Dr Balcony had bid 21k.

So they daty hey, we will beat their price by 20% so their new price is now 16k. So what they just admitted to is that the value of their work is actually only sixteen thousand instead of the twenty one thousand they originally quoted you.

The question that comes to my mind is are they saying that they could have bid lower but they bid higher with hopes of overcharging you?  Now that they know they overbid, suddenly they want to make it up to you? You weren’t born yesterday… And you realize that Dr Balcony has inherent conflicts of interest, and is attempting to limit your choices of contractors, you should realize that some companies are actively trying to scam you.

If a company says they can do it all in house without needing to go to outside contractors to get three bids then they are limiting your ability to receive the best bid for repairs, they are stifling market competition, and your HOA is likely to be greatly overcharged.

Let us explain to your HOA why an independent firm without conflicts of interest is your best choice when it comes to balcony inspections.

We will explain what non emergency repairs and emergency repairs are, and why some companies push non emergency repairs over to emergency status, to pressure you into signing with them immediately before you get a chance to look around and shop your options.

Reach out to me, Bill Leys directly at 805-801-2380 for a consultation on how we can help you.

SB 326 Balcony Inspections

Contractors Who Pretend to be Deck Inspectors Agree To Stop Stealing from HOAs

Celebrate this!

All the contractors preying on HOAs by pretending to be Deck Inspectors have voluntarily agreed to stop offering repairs to HOAs they inspected.

They also agreed to stop using out of state architects and civil engineers to robo sign their reports that they wrote that benefit themselves.

Further more, they voluntarily agreed to have transparency, ethics and honesty in their dealings with their clients.

This of course is an April Fools day joke, unethical contractors who prey on HOAs and take advantage of them by exploiting the loophole CAI-CLAC  left in SB326 will continue to F over clients every chance they get!

Sign the petition demanding CLAC to insert language in the bill to ban inspectors from bidding on repairs to HOAs they inspect!
CAI-Orange County CAI BAYCEN CAI GRIE CAI-Greater Los Angeles Chapter  CAI BayCen

At William Leys Waterproofing Consultants LLC we guarantee in writing that we have no conflicts of interest!

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, SB 721 Inspections

Grover Beach Deck Destroyed By High Winds Reveals Why It Failed -Extensive Dry-rot & Improper Connections

A high wind event that hit Grover Beach in San Luis Obispo county on Wednesday shows us why inspections of decks are so important.

Improper connections of wood panels with glazing in them to the framing & Extensive Dry-rot at posts.

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The apartment building on Grand Ave has a walkway on the second floor, and at some point someone added large panes of acrylic sheets or glass in wood frames to help block the near constant wind that comes through.

The high winds exposed the significant dry-rot that was present in the framing and posts, along with exposing the weak connections. Unfortunately due to the structural damage several residents are not able to access their homes and are living in a motel temporarily.

Because of the damage residents could not return to their homes.

Landlords and HOAs can avoid the liability and potential injuries to residents and guests by having their EEEs inspected by the experts at William Leys Waterproofing Consultants LLC.

We can do your SB721 and SB326 balcony inspections for you and get you into compliance. Do not expose yourself to unnecessary liability by failing to get inspected.

Reach out today for a free EEE evaluation and proposal.

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.