For California homeowners, 2026 brings several important HOA law changes. These changes mainly focus on balcony inspections and fire safety. If you live in a condo or a community with shared spaces, these updates could affect you directly. If you know what to expect from California HOA Laws in 2026, you can save money and reduce stress.
As a homeowner, you should not ignore these updates. Balcony inspections are now mandatory under the new HOA laws in California. Fire safety rules have also been tightened. These updates were introduced to improve structural safety and reduce fire-related risks. In this blog, we’ll break down the major updates, deadlines, and requirements, helping homeowners and HOA boards stay informed and prepared for the changes ahead.
Why California HOA Laws Matter in 2026?
The most important update for 2026 is the mandatory deadline under SB 326. This law started in 2019 and was updated in 2024 through AB 2579. It says that all exterior elevated elements, such as balconies, decks, and walkways, must undergo their first inspection by January 1, 2026. This applies to condo HOAs with three or more units where these elements are mainly wood and more than six feet above the ground.
SB 326 laws ease catch problems like dry rot or waterproofing issues early and prevent disasters like the 2015 Berkeley balcony collapse. The deadline was pushed from January 1, 2025, to give more time because inspectors are in high demand. AB 2114, signed in 2024, also allows licensed civil engineers to perform these inspections. If an HOA misses the deadline, fines, liens, insurance problems, and even personal injury lawsuits could follow.
SB 326 does not apply to planned developments or apartments without an HOA. Those fall under SB 721, which also has a January 1, 2026, deadline but needs inspections every 6 years and reports to local authorities if problems are found. Condo HOAs will inspect every nine years after the first round, matching the timing of every third reserve study.
What Must Happen by January 1, 2026
The HOA in California must hire a licensed architect, a structural engineer, a civil engineer, or a certified building inspector. They will visually check a sample of balconies that is large enough to provide 95% confidence in the results, usually at least 15% of all balconies. Inspections cover load-bearing parts, like beams and joists, and waterproofing systems, including membranes and sealants. Inspectors may use visual checks, moisture meters, borescopes, or infrared imaging.
Sometimes destructive testing is needed if problems are suspected. Inspectors submit a signed report to the HOA within 45 days. The report includes the condition of each element, its remaining useful life, and recommended repairs. These records must be kept for at least 18 years and added to the reserve study. If the building was inspected within 3 years before 2019, no new inspection is needed until 2026.
Consequences Starting in 2026
Many HOAs find that early repairs are far less expensive. For example, one Los Angeles homeowners’ association saved $60,000 by repairing minor water damage before it became worse. Ongoing inspections also help keep residents safe. If an HOA does not comply, it may face fines, cost recovery actions, or property liens from local authorities.
Many insurance companies in California may refuse to cover injuries related to balconies, and board members could face personal liability. Inspections do not remove the duty to make repairs. HOAs must still fix all elements they own or are responsible for maintaining, and inspections are required whether repairs are made or not.
Wildfire Safety and Insurance Updates (AB 1455, AB 226, AB 493)
Wildfire seasons in California are lasting longer and becoming a more serious issue. To protect homeowners, the Golden State has added new wildfire safety rules. AB 1455 requires a five-foot ember-resistant zone around your home. This space must be clear of anything that can burn. AB 226 strengthens California’s FAIR Plan and helps homeowners in high-risk areas get fire insurance.
AB 493 requires lenders to pay 2% yearly interest on insurance funds they hold after property damage or loss. Following these wildfire safety rules can affect your insurance coverage and premiums. It can also impact your home’s value. Taking action early can reduce stress and help you save money later.
What Are the Recommendations for California HOA Residents and Boards?
For Homeowners: You can attend HOA board meetings to stay informed about SB 326 inspections. Ask your HOA for inspection reports when they are completed in 2026. If you have concerns about compliance or fines, contact the California Department of Real Estate. You may also speak with a lawyer who understands HOA laws in California and the Davis-Stirling Act.
For HOA Boards: You should schedule SB 326 inspections as soon as possible using licensed professionals, like those listed by the Structural Engineers Association of California. Board policies should be reviewed and updated to reflect the 2026 legal changes. Budgets must be carefully planned to cover utilities, reserve contributions, and anticipated repair costs.
A Final Thought on California HOA Laws
In 2026, California HOAs must comply with mandatory balcony inspections under SB 326 by January 1, focusing on structural safety and waterproofing, with licensed professionals assessing at least 15% of units. Fire safety rules (AB 1455, AB 226, AB 493) require ember-resistant zones and improved insurance access. Non-compliance risks fines, liens, and liability, while early action saves costs and ensures safety.
Speaking of non-compliance, which can cost you more than you expect, Vulcan Vents offers code-compliant balcony inspection vents. Installing our vents complies with SB 326 and SB 721, which can help HOAs meet inspection requirements and ensure structural safety.
FAQs
Are HOAs Legal in California?
Yes, HOAs are legal in California. The Davis-Stirling Common Interest Development Act governs them.
Do All Condos in California Need Balcony Inspections in 2026?
Yes. Under SB 326, all exterior elevated elements (such as balconies, decks, and walkways) in condo HOAs with 3 or more units must be inspected by January 1, 2026. Some exceptions apply, such as planned developments or apartments without an HOA, which fall under SB 721.
What Happens If an HOA Doesn’t Comply with the New California HOA Laws?
Non-compliance with HOA laws in California can result in fines, liens, insurance issues, and personal liability for board members. Insurance companies may refuse coverage for related injuries, and the HOA remains responsible for maintaining and repairing all elements it owns.
