Watch this quick video about using fire pits, turkey fryers and grills on combustible decks… To ruin the plot line, do not use turkey, fryers, fire pits or grills on any decks.
Tag Archives: SB 326 Inspector
Santa Monica Condo Board Selects William Leys Waterproofing Consultants LLC to Perform Their SB 326 Inspection
We’re pleased to announce that we were awarded the contract to perform a SB 326 inspection for a condominium complex on Pacific Street in Santa Monica. The three story building with decks stairs and walkways requiring inspection received several bids from competitors.
The Board after reviewing the bids and each firms credentials, selected our bid over the others, citing that our bid included a guarantee that our engineer will personally inspect the EEEs, that we don’t perform repairs and that our inspection team’s bonafides gave them the confidence in awarding the job to William Leys Waterproofing Consultants LLC.
Of course it might also have helped that the Associations Board has an engineer serving as president and recognized that qualifications matter. Our engineer is an award winning structural engineer with years of experience doing structural inspections.
Don’t leave your critical inspections to the lowest priced inspection company, there’s too much risk in thinking all inspectors are the same. They are not.
Our team has a waterproofing expert with over 20 years of experience in waterproofing and inspections. We guarantee in writing that an engineer will perform the inspection personally and that we don’t bid on any repairs as it’s a conflict of interest. Call today and ask for Bill Leys 805-801-2380.
We aren’t the biggest inspection company, but we are rated highly by our clients and peers as being one of the most diligent.
Protect Your HOA With Our SB326 Inspection Certification
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
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.”
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.
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.
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.
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!
William Leys Waterproofing Consultants LLC Signs A Simi Valley HOA For a Stage 1 SB 326 Inspection
We are pleased to announce that we’ve just signed a contract with an HOA in Simi Valley for a Stage 1 balcony inspection.
The inspection will include 44 balconies and 32 stairs that are required to be inspected under the bill.
Citing our experience and having the best price of the 3 bidding firms, the HOA has placed it’s confidence in us by voting to hire us
See the difference when you hire William Leys Waterproofing Consultants LLC! Get in touch today!
Another Satisfied Client Praises Our Knowledge
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.
HOA in Big Bear Selects William Leys Waterproofing Consultants LLC to Perform SB 326 Inspections on 90 Balconies & Stairs
We are pleased to announce that we have been selected to perform a SB 326 inspection for a large HOA in Big Bear. With 90+ decks, stairs and landings the association knew they needed an expert with the experience to properly inspect their Exterior Elevated Elements.
The association manager found us through a referral from a fellow CAI manager, who told them about the positive experience they had with us.
We invite you to experience the professional and experienced licensed structural engineers and waterproofing experts that make up our team. Reach out today for your free EEE evaluation and proposal.
An EEE Evaluation May Have Helped Stop a Stair Collapse
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.
Balcony Inspection Question
We were recently asked by a client a really good question about wording in the balcony bill, SB 326 regarding our interpretation of the section where it states “This section shall only apply to buildings containing three or more multifamily units ” The client’s buildings have only 2 units per building.
We aren’t attorneys, but we did stay at a Holiday Inn Express last night… Sorry that’s a joke… We aren’t able to give legal advice even though we think we know the answer…
Being that we aren’t attorneys we turned to one of the preeminent authorities in the business, Mr Adrian Adams of Adams Stirling PC who runs Davis-Stirling.com and asked Adrian.
SMALL BUILDING
BALCONY INSPECTIONS
QUESTION:
SB 326 states that “This section shall only apply to buildings containing three or more multifamily dwelling units.” Our association has twenty buildings, with only two condos per building. Does that mean we don’t need to inspect our balconies? -Bill
ANSWER: Even though you have 40 balconies (20 buildings times 2), a strict reading of the statute exempts your association from the requirements of invasive inspections. (Civ. Code § 5551(l).) Even though you are exempted, you still need to make visual inspections every three years for your reserve study requirements.
The problem with external visual inspections is that they are external. They can’t detect dry rot and termite damage to a balcony’s structural elements. If any of your balconies collapse causing injuries or deaths, it is almost guaranteed your association will be sued.
Plaintiffs will seek a jury trial and allege the board was negligent in their maintenance obligations and their failure to properly inspect balconies when every other association in the state was performing invasive inspections. A jury would likely agree with plaintiff’s counsel and award substantial damages to the victims. The litigation will negatively impact property values, the buying and selling of units, and insurance premiums. Moreover, the failure of one balcony means all balconies will need to be inspected either during or after the litigation.
RECOMMENDATION: It is less expensive to conduct a § 5551 inspection of your elevated structures than to defend against a wrongful death action. If the inspection finds problems, you can address them and avoid potential harm to residents. If the inspection determines your balconies are in good shape, it provides a layer of protection for the association (and directors) in the event one were to collapse. In addition to inspections, you should institute a regular plan of preventive maintenance and balcony repairs.
The above information is copyrighted. Reprinted from Davis-Stirling.com by Adams|Stirling PLC
We completely concur with Adrian… My answer back to the client was in the form of a question… Are you willing to find out in a court of law if a jury thinks those balconies are exempt? I think your insurance company is just going to ask how many zeros do there need to be on the check that they write for a wrongful death suit?
It’s not worth the risk to try to avoid an inspection when the stakes are so high. Get in touch with us today about your balcony inspection needs and let us help guide you through the process. We guarantee in writing that a structural engineer performs the inspection in person and that we have no conflicts of interest. Our only interest is you, our client.
SB 326 Deck Inspections * Waterproofing Consultants * Construction Defect Investigations By Bill Leys The Deck Expert 