Who Is Responsible for SB 326 Compliance?

In the realm of California’s building safety legislation, Senate Bill 326 (SB 326) looms large, mandating inspections for balconies and other exterior elevated elements (EEEs) in certain multi-family properties. While the goal of preventing balcony failures and ensuring occupant safety is clear, the specifics of who bears the responsibility for compliance can get a bit murky.

Let’s untangle the web of responsibility and ensure that everyone involved understands their role in upholding the vital provisions of SB 326.

Who’s Ultimately Accountable for SB 326 Compliance?

In the simplest terms, the buck stops with the association. Whether it’s a condominium association, a cooperative, or any other common interest development (CID), the legal onus of ensuring SB 326 compliance falls on the governing body. This includes:

• Scheduling and coordinating inspections
• Hiring qualified inspectors
• Addressing any necessary repairs
• Maintaining records of inspections and repairs

However, the responsibility doesn’t end there. Other parties play a vital role in ensuring the success of the process.

What Role Do Individual Unit Owners Play in SB 326 Compliance?

While the association bears the ultimate responsibility, individual unit owners have a part to play as well. They are typically responsible for:

• Maintaining their own units: This includes keeping their balconies and any attached EEEs in good repair and free of hazards.
• Granting access for inspections: Owners must allow inspectors to access their units for visual inspections and any necessary testing.
• Paying for repairs within their unit: While the association is generally responsible for repairs to common areas, owners are typically responsible for repairs within their own units, including any balcony or deck attached to their unit.

What About Property Managers? Where Do They Fit In?

Many HOAs and CIDs hire professional property management companies to oversee the day-to-day operations of their communities. In these cases, the property manager often plays a crucial role in facilitating SB 326 compliance by:

• Scheduling and coordinating inspections: They act as the liaison between the association and the inspection company, ensuring inspections are conducted on time.
• Communicating with owners: They inform owners about upcoming inspections, obtain necessary access permissions, and provide updates on the process.
• Overseeing repairs: They may assist the association in obtaining bids, selecting contractors, and ensuring repairs are completed correctly and within budget.

What Are the Consequences of Non-Compliance?

Failing to comply with SB 326 can have serious ramifications for all parties involved:

• Financial Penalties: Local enforcement agencies have the authority to impose fines of up to $500 per day, per violation. These fines can quickly accumulate, creating a significant financial burden for the association and potentially leading to increased assessments for individual owners.
• Legal Liability: In the event of an accident or injury resulting from a non-compliant balcony or EEE, the association, and potentially individual owners, could face legal action.
• Insurance Issues: Non-compliance may result in higher insurance premiums or even denial of coverage for balcony-related claims.

At DrBalcony, we understand the importance of SB 326 compliance and the shared responsibility it entails. We work closely with HOAs, property managers, and unit owners to provide comprehensive inspections, clear communication, and actionable solutions to ensure all balconies and EEEs are safe and up to code.

Don’t leave compliance to chance. Contact DrBalcony today for a free consultation and let us help you navigate the complexities of SB 326.