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Who is liable for compliance to SB-326?

Alright, California property owners and managers, let's tackle a crucial question that often arises when it comes to SB-326: Who is actually responsible for ensuring compliance with this balcony inspection law?

If you're part of a homeowner's association (HOA) or manage a condo building, this is essential information.  After all, no one wants to be caught off guard by a hefty fine or, worse, find themselves on the wrong end of a lawsuit.


The Buck Stops with the HOA

In the world of SB-326, the primary responsibility for compliance falls squarely on the shoulders of the homeowner's association (HOA).  This means it's the HOA's job to:

  • Schedule Inspections: Arrange for qualified professionals to inspect all exterior elevated elements (EEEs) that are part of the common area of the property.

  • Facilitate Repairs: If the inspection uncovers any issues, the HOA is responsible for getting those repairs done promptly and correctly.

  • Maintain Records: Keep meticulous records of all inspections, repairs, and any related communication. This documentation is crucial for proving compliance.


What if I'm Just a Condo Owner?

While the primary responsibility lies with the HOA, individual condo owners also have a role to play in SB-326 compliance. Here's what you can do:

  • Be Aware: Familiarize yourself with the requirements of SB-326 and your HOA's specific policies regarding balcony maintenance.

  • Report Issues: If you notice any damage or deterioration on your balcony or any other EEE, report it promptly to the HOA. Don't assume someone else will take care of it.

  • Participate: If your HOA has committees or meetings related to maintenance and repairs, get involved! Your voice can help prioritize balcony safety and ensure compliance.


The Importance of Working Together

The most effective way to ensure SB-326 compliance is through collaboration between the HOA and its members.  Here's how you can create a proactive and responsible approach:

  • Clear Communication: The HOA should communicate regularly with members about upcoming inspections, any identified issues, and planned repairs.

  • Transparency: Make inspection reports available to homeowners, along with explanations of any findings and recommendations.

  • Financial Planning: HOAs should budget for both inspections and potential repairs. This ensures that funds are available when needed and prevents delays in addressing safety issues.


When Things Go Wrong: The Liability Issue

If a balcony accident occurs and someone is injured, the question of liability becomes complex. While the HOA typically bears the primary responsibility for common areas, individual homeowners could also be held liable depending on the specific circumstances of the case.

This is where those meticulous inspection records come in handy.  They can help prove that the HOA took reasonable steps to maintain the safety of the property, potentially reducing liability for both the association and its members.


EEEAdvisor: Your Partner in SB 326 Compliance

At EEEAdvisor, we specialize in helping HOAs and condo associations navigate the complexities of SB-326 compliance.  Our team of experienced professionals provides thorough inspections, detailed reports, and comprehensive repair solutions.

We're committed to educating property owners and managers about their responsibilities under the law and empowering them to create safe and compliant living environments.

Don't leave your community's safety to chance. Contact EEEAdvisor today for a free consultation and quote. We're here to help you every step of the way.

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