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.
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 a lack of 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 carry out an inspection of the common area Exterior Elevated Elements in my non legal opinion.
We recently completed making observations of the waterproofing systems during an SB 326 inspection for a client in Los Angeles where our independent structural engineer 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
The independent structural engineers report 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.
Is humor the best way to market our SB326 inspection coordination 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 an independent licensed 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.
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.
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?
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
We are pleased to announce that we have been selected by a large HOA in Santa Ana to coordinate 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 waterproofing observations and our ethics. We don’t bid on repairs that an HOA may need, 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.
We are pleased to announce that we have been selected by a 40 unit HOA in Cayucos on the Central Coast of California to coordinate their SB 326 inspections of balconies stairs and landings to bring them into compliance with Civil Code 5551 aka SB326.
If your Associations decks need to be inspected under SB 326, reach out for a free quote on our coordination servicestoday. We visit your property, r independent licensed structural engineer determines 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 coordinating your Stage 1 inspection.
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.
Find out why managers trust us to be their authoritative source for coordinating 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.
William Leys Waterproofing Consultants LLC recently coordinated an SB326 inspection in Simi Valley at an older condo complex. The association has numerous styles of decks and stairs and landings serving the upper units.
As experts in waterproofing and investigating decks we had our suspicions about the integrity of the decks and stair landings waterproofing system. Using our trusty moisture meter, our instincts proved to be correct in our inspection.
Unfortunately (or fortunately) we discovered many stair landings have hidden dry-rot issues that we uncovered. We also found numerous decks with dry-rot around the deck drains where water had intruded into the plywood substrate and framing. While these problems won’t be inexpensive to fix, the association is fortunate we discovered them early, before a landing rotted out and collapsed or someone’s foot went through a dry rotted deck.
Hidden dry-rot at stair landing. More hidden dry-rot High moisture reading in a stucco covered support column Deteriorated steel stairs. Dangerous railing is loose and unable to prevent someone from falling off if they leaned on it.
Experience matters when it comes to coordinating & performing deck inspections. We’ve been doing inspections of decks and stairs since 2005, and have investigated and fixed thousands of decks as a waterproofing contractor since 2003. As balcony inspectors, we partner with an award winning structural engineer to provide the highest quality inspections that we can.
Contact us today to get started on your deck inspection project. The deadline isn’t that far away. Call Bill Leys direct at 805-801-2380 or use the contact us box on the left side of the page today!
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.
A 9 year old child is lucky to be alive and only suffered some relatively minor injuries when the railing on a deck he was playing on gave way and he fell from the second story deck to the ground.
Our screen grabs from a TV news channel shows just how bad a shape the railing that still remains on the deck is in.
Stiles on the right side of the deck are obviously in poor condition. The whole front part of the railing is gone, indicating widespread dry-rot and likely improper fastening of the railing to the posts.The remains of the railing lay below the upper deck.
I’ve seen similar railings like this in the past where a carpenter uses a nail in the top of the railing and one on the bottom to attach the stile. This method is not a very good method to achieve a 200 pound resistance to someone leaning against it, and especially for small children who are probably leaning on the stile’s themselves. These cheap wood stiles will often rot out in a few years from being exposed to water.
On one inspection I did at a property for sale, I kicked the wood stiles with a bit of minor force and the stiles failed. The seller was furious that I “damaged” his property, but I pointed out that if his grandchild leaned on that railing he likely would have fallen 15 feet to a concrete sidewalk below. My answer was I probably saved someone’s life, so fix it properly.
A better method of protecting occupants is to use pre built railings that are made of metal welded together in the factory.
Falls through railings are unfortunately a common occurrence, and many result in death or severe injuries. Years ago a Board member of a condo I managed fell through a dry-rotted railing while on vacation, after a few days he passed away from grievous injuries.
This is another example of why we inspect folks.
When it comes to life safety, don’t fool around folks, the reason we inspect is to prevent accidents.
If you are buying a property with decks and railings, have it inspected by an expert like ourselves before closing.
If you are an HOA get your decks inspected by the experts at William Leys Waterproofing Consultants LLC. We guarantee that we have no conflicts of interest and that we only work for the associations best interests.
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.
