Tag Archives: Santa Barbara deck inspection

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.

SB 326 Balcony Inspections

Our SB 326 Balcony Inspection Report Earns High Marks From a Recent Client

We recently completed an SB 326 inspection for a client in Los Angeles where we discovered several concerning issues with their decks. The client had no idea that these problems existed, and appreciated that we recognized the severity of the issues, which resulted in our having to immediately close several balconies from being used. Even though the news wasn’t exactly what they wanted to hear, after reading our report they sent us an email saying in part;

“The HOA appreciates the detailed feedback you and Eric provided as a result of your inspection on September 19th.” Joe B Los Angeles CA

Our reporting strictly adheres to the requirements set by SB 326, in which an engineer or architect must perform the inspection themselves. We write a supplemental report related to the waterproofing, which is appended to our structural engineers report who is reporting on the structural components of the EEE’s.

One thing clients seem to like in particular is markups on the inspection photo’s we include in our report. It makes it easy for them to “see” the issues we see.

Time is running out for the inspection deadline date, but don’t worry, we can make your inspection happen before Jan 1 if you act now and call us at 805-801-2380 to get started with a free estimate on your inspection.

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

Article Written by Adrian Chiang Esq Leaves Zero Doubt About Who Can Inspect EEEs Under SB 326

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.

You can read the article here at Swedelson Gottlieb’s blog.

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.
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, 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

My Email To CLAC Regarding Modifying SB326 to Ban Inspectors from Bidding on Repairs

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
Follow me on Twitter BlueSky Threads Insta and Tik Tok, search @deckinspector

Call or text me anytime at 805-801-2380 for fastest service.

This architect admits he didn’t inspect the EEEs, and he lives in Tennessee, so he’s literally robo-signing reports that are being inspected by a contractor who is writing the report to their advantage.
The Board of Engineers says yes it appears that the engineer violated the law, but there’s nothing we can do

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

Stage 2 Balcony Inspection Shows Hidden Damage

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Stage 2 Balcony Inspection Shows Hidden Damage
Fungus damaged plywood
Deck Inspections

Cayucos HOA Contracts With William Leys Waterproofing Consultants LLC For SB326 Balcony Inspection

We are pleased to announce that we have been selected by a 40 unit HOA in Cayucos on the Central Coast of California to inspect their balconies stairs and landings to bring them into compliance with SB326.

This Association sits near the ocean and enjoys great views down the coast. While residents enjoy the views from their decks, we want to be sure they can do so safely. With over 40 SB326 inspections under our belt and the fact that we’ve been inspecting decks since 2007, the Association found our experience to be just what they were looking for.

If your Associations decks need to be inspected under SB 326, reach out for a free quote today. We visit your property, we determine how many EEEs need to be inspected and we determine the best method of access to the EEEs. Then we can give you a fixed quote for your Stage 1 inspection.

Find out why managers trust us to be their authoritative source for balcony inspections and get started now! Call us direct at 805-801-2380 or use the contact us box on the left side of the page.