Balconies, decks, and exterior stairs are part of everyday life in California condominiums. People barbecue on them, children run across them, and residents trust that they are safe. After a tragic balcony collapse in Berkeley, lawmakers realized that trust was not always backed by proper inspections. That moment changed everything.
SB 326, the balcony law, now requires condominium associations to inspect certain exterior elevated elements on a regular schedule. If your HOA manages condos, complying with this law is mandatory. In this blog, we discuss the SB 326 balcony inspection law in detail. We will also tell you about how to stay compliant, protect residents, and avoid unnecessary legal trouble.
Understanding California Balcony Inspection Law (SB 326)
SB 326 is a California law that added Civil Code Section 5551 to the Davis-Stirling Act. It was enacted and signed by the Governor on August 30, 2019, becoming Chapter 207 of that year’s statutes. The law added important inspection requirements for condominium associations. It requires them to inspect load-bearing exterior elevated elements supported by wood.
These include balconies, decks, stairways, and walkways. All these elements must be weather-exposed and elevated more than six feet above the ground. Inspections must be performed by licensed professionals. The law is intended to prevent hidden structural failures before they become dangerous.
Wood rot, moisture damage, and waterproofing failures often occur out of sight. Without inspections, damage often goes unnoticed until a failure occurs. The law became effective in 2020, with the first major inspection deadline set for January 1, 2025. From that point forward, inspections must be repeated on a regular cycle.
Which Properties Must Comply with California Balcony Inspection Law (SB 326)
Not every HOA in California falls under the SB 326 balcony law. The law applies only to certain types of properties based on ownership structure. SB 326 applies to condominium projects with three or more dwelling units, including:
- Traditional condominium developments
- Community apartment projects
- Stock cooperatives
- Townhouse-style condominiums, where the structure is owned in common
If the HOA is responsible for maintaining balconies and exterior stairs, SB 326 likely applies.
Properties Excluded From SB 326
Planned developments are excluded from SB 326. In these communities, homeowners typically own their homes and structures outright. Even if the homes look like condos, ownership is the deciding factor. However, if the association maintains the structure, SB 326 applies. If individual owners maintain their own structure, it usually does not.
SB 326 Balcony Inspection Law for Exterior Elevated Elements
One of the most confusing parts of the SB 326 balcony law is understanding what must be inspected.
Which Exterior Elevated Elements Must Be Inspected Under SB 326
Under Civil Code 5551, an exterior elevated element must meet all of the following conditions:
- It is outside the building and exposed to the weather
- It extends beyond the exterior wall
- Its walking surface is more than six feet above ground
- It is designed for people to use
- It is supported fully or mostly by wood
Common examples of EEE include:
- Wood-framed balconies
- Post supported decks
- Exterior staircases and landings
- Elevated walkways between buildings
- Railings connected to these structures
Note: Concrete or steel balconies typically do not fall under SB 326 if they are not supported by wood. Interior elements and ground-level structures are also excluded.
SB 326 Compliance Checklist
This checklist includes:
- Identify EEEs: Balconies, decks, stairs, walkways ≥6 ft above ground.
- Hire a Licensed Inspector: A structural engineer or an architect.
- Prepare Documents: Plans, maintenance records, past reports, materials.
- Pre-Check Condition: Look for cracks, water damage, rust, and loose railings.
- Notify Residents: Schedule access and set expectations.
- Check Waterproofing: Coatings, drainage, flashings, and membranes.
SB 326 Inspection Deadlines and Timeline
All qualifying condominium associations were required to complete their first SB 326 inspection by January 1, 2025. However, this deadline is extended for some associations in California. Many associations mistakenly confuse SB 326 with SB 721, which applies to apartments. That confusion has led to missed deadlines and increased risk.
After the initial inspection, SB 326 requires follow-up inspections at least once every 9 years. This long-term cycle helps HOAs plan ahead and budget for repairs. If a condo project receives its certificate of occupancy after January 1, 2020, the association has six years from that date to complete its first inspection.
Who Can Perform SB 326 Balcony Inspections
The California balcony inspection law (SB 326) has strict professional requirements. This includes:
Approved Inspectors Under Civil Code 5551
- Only the following professionals may perform SB 326 balcony inspections
- Licensed California structural engineers
- Licensed California architects
- Civil engineers and general contractors are not permitted to perform these inspections for condominiums under SB 326.
Always verify licenses through the appropriate California licensing board before hiring an inspector.
What Happens During an SB 326 Inspection
SB 326 balcony inspections are primarily visual and non-intrusive. Inspectors review a statistically significant sample of exterior elevated elements.
- Typical Inspection Methods
- Visual observations of framing and connections
- Moisture readings to detect hidden water intrusion
- Review of waterproofing systems
- Professional judgment to identify risk areas
If serious safety issues are found, the inspector may recommend further testing or immediate repairs.
SB 326 Balcony Inspections Costs (California)
Inspection costs vary depending on size, complexity, and location.
- Small condo projects may spend a few thousand dollars
- Mid-sized communities often fall in the five-figure range
- Large developments with many balconies may spend significantly more
Costs increase when access is difficult or when destructive testing is needed. While inspections are an expense, emergency repairs and lawsuits cost far more. Delaying inspections often leads to higher repair costs.
SB 326 Non-Compliance Penalties & Risks
Failure to comply with the SB 326 balcony inspection law can result in
- Civil penalties and fines
- Personal liability for board members
- Insurance coverage issues
- Member lawsuits
- Reduced property values
Local building departments also have the authority to restrict access to unsafe balconies until repairs are completed.
Final Thoughts on SB 326 Balcony Inspections
SB 326 is not just another regulation. It is a safety law created in response to real loss of life. For condominium associations, compliance is both a legal obligation and a moral responsibility. If your HOA manages balconies, decks, or exterior stairs, now is the time to act.
At Vulcan Vents, we offer SB 326-compliant balcony inspection vents designed to support efficient inspections without compromising building code requirements. Our vents are ASTM E2886 and ASTM E119 tested, 1-hour fire-rated, and CAL FIRE-approved. This makes them suitable for use on exterior elevated elements.
What Is Senate Bill 326 in California?
SB 326 is a California law effective January 1, 2020. It requires inspections of certain elevated wood-supported structures, such as balconies, in condo buildings with 3 or more units.
Was SB 326 Extended in California?
Yes. The main inspection deadline was January 1, 2025, but some buildings were allowed until January 1, 2026. That extended deadline has now passed.
Does SB 326 Apply to Townhomes in California?
Yes. SB 326 applies to townhomes if they are part of a condominium HOA and have qualifying elevated exterior structures.
Is the HOA Responsible for Balcony Repairs in California?
Yes. HOAs handle structural balcony repairs, and owners handle regular maintenance, unless governing documents say otherwise.
