Termed controversial by one well known attorney in the HOA industry, Bill pulls no punches when it comes to seeing what’s going on and calling out the grifters that flooded the inspection market. We’ve made multiple complaints to state agencies, pissing off the bad apples, been sued to shut us up by POS pretend deck inspectors who use the bill to sucker HOAs into expensive repairs, we’re going to remain controversial and wear that label as a badge of pride.
Watch our video on our thoughts on CLACs plans to fix SB326. We’ve seen so many issues, from insurance companies denying associations insurance coverage if they have structural issues with their EEEs, to banks denying buyers mortgages on condos with EEE issues to the grifters plaguing the balcony inspection industry using the bill to literally steal from HOAs.
Had enough of the companies that are unethical, devious and sordid? Find out why William Leys Waterproofing Consultants LLC gives written guarantees that our award winning structural engineer will inspect the EEEs, that we will not bid on any repairs because that’s unethical and why with our experience and professionalism your HOA will be in good hands.
Call today 805-801-2380 and start your SB 326 inspection with William Leys Waterproofing Consultants LLC.
Our Expertise & Guarantee That Our Structural Engineer Performs the Inspection Stands Out Over Other Firms
We’re happy to announce that we were selected to perform balcony inspections at a mid rise HOA in Signal Hill by the Board of Directors. Our detailed proposal and years of experience gave the Board of Directors the confidence that we were the best choice out of the five firms bidding.
Cantilevered Balcony at A Signal Hill Condo Association
We are so happy to hear strong praise like this as it reinforces our belief that we are one of the best qualified firms in the balcony inspection industry. Our guarantee of no conflicts of interest, our guarantee that a structural engineer personally performs the inspection and that our 20+ years of prior experience in waterproofing as deck contractors is a deciding factor, along with competitive rates for Boards faced with enormous pressure to get in compliance with SB326’s requirements to inspect.
Let us show you why we are one of the best firms in the balcony inspection industry and let us earn your business with our professionalism and expertise. Get in touch today by calling 805-801-2380 and talk to Bill Leys with no obligation.
Great question — SB326 inspections (balcony/deck inspections for multifamily housing in California) are a big deal, and unfortunately, not every company advertising them is legitimate. The biggest red flag consumers should watch for is:
🚩 If the company performing inspections also performs repairs.
Here’s why:
Conflict of interest – The law (SB326/SB721) was designed so that inspections are objective and not influenced by profit motives from repair work. If the same company inspects and repairs, they may be financially motivated to exaggerate problems or recommend unnecessary work.
At William Leys Waterproofing Consultants LLC we guarantee in writing that we do not have any conflicts of interest.
🚩 Compliance issues – The statute is clear: inspections must be done by a licensed architect, structural engineer, or a qualified building inspector who is not associated with a repair contractor. If someone is offering both, they may not be following the law.
Other red flags to watch for:
🚩No license disclosure (can’t prove they’re an architect, engineer, or building inspector). Who will be inspecting? An engineer or architect, or just some random people who may not be qualified in any way shape or form.
At William Leys Waterproofing Consultants LLC we guarantee that a structural engineer that we partner with will perform the physical inspection. Some companies flirt with danger by hiring subcontractors who do the inspection, and then those companies have an engineer robo sign your report.
🚩 Low-ball pricing far below market rates — often a sign they’re using inspections as a “loss leader” to sell repair work.
This is exactly right, and that’s what they are doing. We’ve done second inspections for clients and they were very happy to learn that the repairs the other company said had to be done in an emergency basis was exaggerated.
🚩Vague or incomplete reports — a proper SB326 inspection requires documented findings, photographs, and repair recommendations (if needed).
🚩 High pressure sales tactics — pushing you to sign a repair contract right after the inspection.
👉 Bottom line: Choose an independent, inspection-only professional who has no stake in whether repairs are needed. That independence is what protects you and your HOA from unnecessary costs.
At William Leys Waterproofing Consultants, as our client, we only work in your best interests.
Reach out today to get a quote and see the difference in our professionalism, due diligence and expertise. This is why we’re known as the deck experts.
If you have been following our blog for any time now you know that we have been railing against the practice that is roiling the inspection industry where unethical inspection companies are using Engineers or Architects to robo sign reports that they have written after they have done the inspection. Sb326 clearly requires a licensed architect or engineer to perform the inspection however some companies are trying to deliberately circumvent that requirement and are using contracted labor to do the inspection instead of an architect or engineer.
We made up this form that you should ask your inspection company to fill out and certify/attest that their inspections follow the letter of the law and that a architect or engineer shall be performing the inspection.
The SB326 inspection certification form will give your HOA some legal protection (inquire with your attorney as to what limits there might be) from liability if a company tries to slip one by you. An example is a report that we saw from empire works where the report was clearly written by empire works and there was a letter attached to the report by the architect saying that empire works perform the inspection and that that architect concurred with their findings. Our discussions with attorneys has determined that the report does not meet the requirements of 326.
Download it here for free! The first doc is in word form. For the PDF version click the second that says Inspection Certificate PDF
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.
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.
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.
LICENSED GENERAL CONTRACTORS are not authorized by this new law to perform the EEEs inspections to comply with Civil Code § 5551.”
This statement confirms our opinion that a contractor cannot perform the inspection. A contractor, in our opinion ( not a legal opinion) may accompany an engineer or architect and perform a waterproofing inspection and write a supplemental waterproofing condition report that is attached to the engineers report.
At William Leys Waterproofing Consultants LLC we work with an award winning structural engineering firm that performs the structural inspection and we write a supplemental waterproofing report on the waterproofing elements. Our report is appended to the engineers report which is sealed and signed by the engineer of record.
If your report is not done by an engineer or architect, in it likely does not meet SB326 requirements and you may be the victim of fraud. Inquire with your attorney.
The substrate is checked with an awl in what we call a pick test. Soft wood is easily found with this method.
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.
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 Deck Inspections & Building Envelope & Waterproofing Experts
SB 326 Deck Inspection Specialists * Building Waterproofing Consultants * Construction Defect Investigations By Bill Leys The Deck Expert 