Attention HOAs, SB 410 took effect on January 1st and imposes certain requirements on HOAs and on balcony inspection companies.

For HOA Boards of Directors, you are affected in several ways; the first being that SB326 reports are now considered to be HOA records, which means an owner can request and review them at any time. Secondly, reports cannot be withheld or redacted and third sellers of a common interest development property now must provide buyers with the most recent SB326 inspection report.

In regards to inspection companies, their reports must include as of January 1st, the date of the inspection, the total number of units in the community. How many exterior elevated elements there are? And I think it would be a good idea to break down how many of each type there are IE stairs versus balcones versus walkways. How many units have exterior elevated elements? How many exterior elevated elements were inspected and whether any safety concerns were identified.

Our engineering partner is already in compliance with these requirements and so we are ready to forge ahead and set the bar with our superior inspections and inspection reports.

Lastly But probably the most important part of sb410 is the requirement for HOAs to have an engineer issue a final report after repairs are made to life safety issues. This final report is needed to be able to enable buyers of property obtain mortgages and sellers of properties to be able to sell without undue delay. Personally, I expect that we will see legal claims brought against HOAs that fail to obtain final inspection reports and unnecessarily delay there homeowners to be able to close a sale.

As always, this is not legal advice. Please obtain the advice of your HOA attorney related to SB 410 sb326 and any other bills that may affect common interest developments related to balcony inspections.