Tag Archives: thousand oaks deck inspection

SB 326 Balcony Inspections

SB-410 Takes Affect January 1st 2026, Is Your Inspector Compliant With Its Requirements? We Are!

January 1st is almost upon us and every year in California we see new laws come into effect on the first of the year and this year is no different.

You can watch our video here if you prefer

Deck Expert Bill Leys Discusses SB 410 & How It Effects HOAs & Deck Inspection Firms Reports

Notably for HOAs and balcony inspection companies SB 410 will take effect on January 1st and impose certain requirements on HOAs and on balcony inspection companies.

For HOA Boards of Directors, you are affected in several ways; the first being that SB326 reports are now considered to be HOA records, which means an owner can request and review them at any time. Secondly, reports cannot be withheld or redacted and third sellers of a common interest development property now must provide buyers with the most recent SB326 inspection report.

In regards to inspection companies, their reports must include as of January 1st, the date of the inspection, the total number of units in the community. How many exterior elevated elements there are? And I think it would be a good idea to break down how many of each type there are IE stairs versus balcones versus walkways. How many units have exterior elevated elements? How many exterior elevated elements were inspected and whether any safety concerns were identified.

Our engineering partner is already in compliance with these requirements and so we are ready to forge ahead and set the bar with our superior inspections and inspection reports.

Lastly But probably the most important part of sb410 is the requirement for HOAs to have an engineer issue a final report after repairs are made to life safety issues. This final report is needed to be able to enable buyers of property obtain mortgages and sellers of properties to be able to sell without undue delay. Personally, I expect that we will see legal claims brought against HOAs that fail to obtain final inspection reports and unnecessarily delay there homeowners to be able to close a sale.

As always, this is not legal advice. Please obtain the advice of your HOA attorney related to SB 410 sb326 and any other bills that may affect common interest developments related to balcony inspections.

Please contact us for a quote on a final inspection to be able to close out your documents related to your 326 inspections.

Articles & Videos

Check Out Our YouTube Videos Here

We just wanted to send you to our articles and videos page to check out the videos from our YouTube channel!

http://sb326deckinspectors.com/articles-powerpoint-presentations-by-bill-leys/

Here are a couple of our most popular vids. Leave a comment and subscribe to our channel!

Learn about how deck drains and scuppers should be installed and why it’s important to counter flash scuppers on the exterior walls.
Learn about ember resistant vents for balconies. Soffits + crawl spaces
Here we discuss who can perform inspections and who must write and sign the report for sb326.
Poor workmanship doomed this new addition with intrusion, resulting in tens of thousands of dollars worth of damage to restore the waterproofing. 

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

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

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.

 

Deck Inspections, SB 326 Balcony Inspections

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.

SB 326 Balcony Inspections

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.

SB 326 Balcony Inspections

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.

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.

SB 326 Balcony Inspections

Remembering The Berkeley Balcony Victims on the 8th Anniversary of The Tragedy

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 …