Tag Archives: SB 326 Inspector

A Client Asks Us “There Are So Many Deck Inspection Companies, Aren’t They All The Same?”

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.

Since the balcony bills became law, many companies cropped up to perform balcony inspections. There were also many legacy companies that started doing deck inspections as well. The main difference between the two seems to be that the legacy consulting firms continued to provide just inspections and consulting, and the new firms were compromised of contractors who saw easy marks and offered “all in one” services in an effort to squeeze out any competition from bidding on their projects. This has led to serious issues where we’ve personally seen highly unethical companies preying on HOAs. We know of a number of HOAs that have been seriously financially damaged because of dubious unethical practices used by these firms.

Of course, there are also inspection firms like ourselves here at William Leys Waterproofing Consultants LLC who only seeks to assist you in meeting your legal obligations ethically and in strict compliance with the balcony bill. The problem lies in distinguishing companies like ourselves and unethical inspection firms owned by contractors that are preying on HOAs.

At William Leys Waterproofing Consultants LLC, we can help with you making that distinction.  We do this by guaranteeing in writing that our inspectors are properly licensed engineers who possess the required expertise and have extensive experience to meet your inspection needs.  You would be wise to stay away from so-called inspectors who have complaint disclosures against their contractors license. A good idea is to seek referrals or recommendations from others to help weed out these unethical morally corrupt unqualified inspectors.

HOAs can protect themselves from the unethical inspection companies in the California balcony inspection market by asking questions that are answered in writing such as:

1. Who is the architect or engineer of record that will be signing our report? Hint-This is important information to know and once you have this information you’ll want to look up the engineer or architects license to ensure they have no complaint disclosures against their license.

2. Will the architect or engineer of record or one of their direct employees who is also licensed as an engineer or architect be performing the inspection? Hint- if the answer is no, our recommendation is do not hire that firm. If the engineer or architect is not physically present, that means they are going to robo-sign your report.

3. Are you a licensed contractor or do you work for a licensed contractor that works on HOAs? Hint- if the answer is yes you need to decide if you want a contractor to do your inspection. If you decide to go ahead, you must ensure that they know your HOA will not entertain any bids for repairs from them and that you want the contract to commission a clause that they will not provide a bid for any repairs.

Other ways HOAs can protect themselves from unethical inspection companies is by refusing to allow companies to lower their price if they aren’t the most responsible bid; this is unethical, bids provided should be the companies best most competitive price. If a firm bids $10,000 and a competitor bids $9,500, and the firm that bid $10,000 now says we can beat that price by 20% it suggests they are unethical.

It’s unethical because it:
Undermines sealed bidding integrity.
Creates unfair competitive advantage.
Suggests bad-faith pricing.
Potentially violates procurement law.
Damages market trust.

This ad by an inspection company is at the least unethical, suggests bad faith pricing and undermines competitive sealed bid integrity.

William Leys Waterproofing Consultants LLC is committed to being honest, transparent and competitive with our HOA clients. We hope the information provided above helps our clients understand the risks of hiring the wrong inspection company.

A Video Message In Time To Help Keep Your Thanksgiving Safe!

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!

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.

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 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.”

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 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.

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.

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.

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.