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News & Press: Sacramento Report

Required Inspection of Exterior Common Areas in HOAs Proposed

Tuesday, May 21, 2019  
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Senate Bill 326 (Hill) establishes a mandatory inspection regime, at least once every nine years, for exterior elevated elements (EEEs), such as balconies, decks, walkways, stairways, and railings, within HOAs. A licensed structural engineer or architect would conduct a visual inspection of a randomly generated and statistically significant sample of the EEEs for which the association has maintenance or repair responsibility. Second, SB 326 nullifies any provision in an HOA’s governing documents that purports to condition or limit the ability of the HOA to bring construction defect litigation against the developer or builder of the HOA. This change is intended to prevent HOA developers from making it more difficult or impossible for HOAs to hold those developers accountable for construction defects.

In 2017, California enacted SB 721 which mandated the inspection of EEEs at regular intervals on multifamily dwellings. SB 326 seeks to impose an EEE inspection regime on HOAs that is similar, though not identical to, SB 721’s inspection regime for multifamily dwellings.

California Land Title Association


1215 K Street #1816 Sacramento, CA 95814-3905
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