A new law signed recently in Sacramento will expand the field of experts eligible to inspect balconies or “exterior elevated elements” at California homeowners associations.
Civil Code Section 5551 requires that all HOAs inspect elevated elements by Dec. 31, 2024. That statute requires the inspection to be conducted by a licensed architect or structural engineer, and many HOAs are having difficulty finding such professionals to perform the inspections.
Assembly Bill 2114 helps broaden the field of experts authorized by the statute to perform these inspections by adding civil engineers to the list of authorized design professionals. The bill amends Civil Code Section 5551(b) by adding civil engineers to the list of permissible inspectors.
There are over 49,000 civil engineers licensed in California, according to the Bureau of Labor Statistics. The structural engineering profession is far smaller in number, with the Structural Engineers Association of California having just 3,500 members. The increase of available engineers hopefully will help the thousands of HOAs that have not yet complied with the statute.
AB 2114 was passed by both houses and was signed into law by Gov. Gavin Newsom on July 15, 2024. The “urgency” bill was effective as soon as the governor signed it. The updated language of the statute is available on the California Legislature’s website at leginfo.legislature.ca.gov.
HOA inspections
When contracting for these inspections, remember that they are visual. No destructive testing is required (i.e., dismantling of building elements).
Also, look closely at the definition of “exterior elevated elements” in subpart (a)(2) of the statute. These elements include wood structure walking surfaces (balconies, stairs, and walkways) extending beyond the exterior walls of the building and are at least six feet above the ground.
Many HOAs are signing contracts that go far beyond the required inspection elements, and that is fine as long as the HOA is aware and desires a more comprehensive inspection than required.
Once the inspection is completed, the HOA is not required to obtain its next inspection for nine years.
If there are exterior elevated elements that are not the HOA’s responsibility to maintain or repair, those are excluded from the required inspection. This means that planned developments are probably excluded from the statute, unless the planned development HOA has a responsibility to maintain or repair exterior elevated elements. The statute most likely applies to condominiums, stock cooperatives, and community apartments.
Some townhouse-style associations or other associations with two-story buildings have chosen to amend their CC&Rs to remove balcony responsibility from the HOA and place it upon the individual unit owners.
Any doubt regarding how the statute applies to a given HOA should be referred to the HOA’s legal counsel for guidance.
The law helps reduce the hidden danger of wood weakness from dry rot or other causes.
HOA boards and their managers should be working to make sure their HOAs comply with this law as soon as possible. Compliance is legally required, and in my view, morally required. Compliance is also good business because the sooner one catches building deterioration, the less it typically costs to repair it.
To read California law or pending bills, use the Legislature’s official website at leginfo.legislature.ca.gov. Many law firm websites include words like “HOA”, “Law” or even “Davis-Stirling” in their name, but none are official or sanctioned by the state (including HOAHomefront.com, of course!).
Kelly G. Richardson CCAL is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association advice. Send column questions to Kelly@roattorneys.com.
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