The answer in short is no, all inspection companies are not the same. Here is an explanation on why inspection companies are not at all equal in experience, ethics and in following the balcony bill requirements.
The SB 326 balcony inspection bill failed to ban inspectors from owning construction companies and failed to ban inspectors who own waterproofing and construction companies from bidding on jobs they inspected, so unscrupulous individuals are popping up to take advantage of unsuspecting and unknowledgeable consumers.
Without a doubt, during your Google search you are bound to come across deck inspection companies advertising on the world wide web which are run by individuals who opened a deck inspection company to take unfair advantage of HOAs despite their contractors licenses having complaint disclosures listed on their license for such offenses such as failing to complete work for the price quoted in their contract, taking a deposit in excess of $1,000, hiring unlicensed sub contractors and departing from trade standards.
We personally know of one deck inspector/deck inspection company who is under active investigation by the Board of Engineers for practicing engineering without an engineering license. That investigation was opened in July 2025 and remains active today.
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.
Please be safe this Thanksgiving holiday and don’t grill, use a fire pit or fry the turkey on your deck!
We’re pleased to announce that we were awarded the contract to coordinate 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 a licensed independent structural 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.
These walkways and stairs are EEEs as defined in SB 326 and will be inspected by the best inspection team in the industry.
Of course it might also have helped that the Associations Board has an engineer serving as president and recognized that qualifications matter. Our independent structural engineer is an award winning engineer with years of experience doing structural inspections.
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.
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!
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.
We are pleased to announce that we have been selected to coordinate 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.
William Leys Waterproofing Consultants LLC was selected to perform balcony inspections in Big Bear!
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.
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.
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.
Invasive inspections can help save lives.
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.
We are pleased to announce that we have been selected to perform the SB326 balcony inspection for a large community in Camarillo. With 48 decks and 90+ stairs and landings, the Board of Directors vetted three firm’s qualifications before choosing us as the best qualified inspection firm for the job.
Cantilevered decks like this need to be inspected under SB326 Although the stairs are concrete, these stairs are supported by wood and therefore must be inspected.
“We are pleased to be selected as the best qualified inspection company in Ventura County.” Our reputation as an ethical firm, with guarantees that our structural engineer is performing the inspection of the structural elements and not just robosigning a report assures our clients that they are getting the best value for their money.” said Bill Leys, president of William Leys Waterproofing Consultants LLC.
We invite your Association to put the expertise of William Leys Waterproofing Consultants LLC team of waterproofing experts and structural engineers to work on your balcony inspection project. Contact us today using the contact form on the right or call Bill Leys directly at 805-801-2380.
Today marks the 8th year since the balcony at Library Gardens literally fell off the building with 13 young adults standing on it to take a birthday photograph Seven people died as a result of a near 40 foot fall to the concrete sidewalk below. Ashley Donohoe, Olivia Burke, Eoghan Culligan, Nick Schuster, Lorcan Miller died at the scene and Aoife Beary passed away on January 2, 2022. The survivors were left with lifetime suffering and pain from grievous injuries.
I contributed to several newspaper articles with my opinion, I reviewed plans, photographs and other information sent to me by journalists for the LA Times and Mercury News Group. There is no doubt in my mind that the defect that caused the deaths and injuries to these kids was set into motion the day a carpenter took a saw to the laminated veneer lumber beams and cut them to provide slope on the deck without then sealing up the open exposed wood/glue to prevent water from getting into the material. With the addition of OSB/oriented strand board, and all of that crap wood being soaked for months during a rainy winter set into motion the demise of that balcony.
The builder didn’t protect the deck from moisture the carpenter didn’t protect it from moisture nobody protected it from moisture and as a result of carelessness neglect whatever they want to call it the blood on that sidewalk may be washed away but it’s still there… That sidewalk is holy ground. I make a sign of the cross when I’m on that sidewalk.
There is no doubt in my mind that a balcony inspection should have found problems and that deck would have been. People had reported that the deck had unusual slope… Which seems to indicate that the deep beams were slowly failing. It is also reported that they were mushrooms on the ceiling below that was simply scraped away, which should have been a huge warning sign of moisture intrusion. It certainly would have set alarm bells off in my head.
The Berkeley deck collapse is on my mind every time I perform a balcony inspection. I think what if that was my daughter or son lying on that sidewalk? I think about the parents and families who lost their child and I renew my vow each time in insisting that I do the best inspection possible, that when our engineer signs your report that your balconies are safe, that I won’t wake up one morning to the news of a deck collapse on a property we’ve inspected. This is that important to me.
Contact us today via text or calling 805-801-2380, email us using the contact box to the left …
We are excited to announce that we have been selected to perform the balcony inspections for an HOA in Pasadena CA by the Board of Directors.
Cantilevered decks in Pasadena will be inspected by William Leys Waterproofing Consultants LLC
The Associations cantilevered decks are subject to SB 326 requirements and we brought a very competitive cost to perform Stage 1 inspections. We are pleased to be the firm selected from amongst very worthy peers who also bid this project.
When your Association is ready to get a proposal for balcony inspections we hope to reach out to us. We guarantee that we have no conflicts of interest, we guarantee that we only use a Structural Engineer who will inspect and then sign your report and we do our best to bring you the best price in the industry. Contact us today using the contact form on the left side of this web page or call Bill Leys directly at 805-801-2380.
We are pleased to announce that we have been selected to perform inspections under SB 326 for a property in Palm Springs CA. With over 70 EEEs to inspect, the association sought inspection quotes from some of the best inspection companies in California. We are honored to be thought of as highly as Sigler & Associates, A7 and Focused Inspection Group and asked to bid this job.
The Board of Directors interviewed each company after reviewing their proposals. I specifically told the Board during my interview that if our company lost the job, that I knew they had competent bidders that had no conflicts of interest and that I could sleep soundly knowing that they would be in good hands if they selected another company. I continually warn my managers that there are unsavory deck inspectors that are only seeking to take advantage of unsuspecting HOAs that are easy marks. We guarantee that we have no conflicts of interest. Some deck inspectors own waterproofing companies that want to do the repairs without you getting three competitive bids…
People say I’m crazy to talk up my competitors, but I don’t look at these companies as competitors, I look at them as peers worthy of respect and that they represent our industry well. I’m happy that we were awarded the job… And look forward to bringing your Association competitive bids against my worthy peers. May your association win the best inspection it deserves.
Your association deserves the best inspector who has zero conflicts of interest.
Call me, Bill Leys the Deck Inspector at 805-801-2380 for a fast free quote on your SB 326 inspection. We’ll be happy to bid against our peers and so will they.
