Exterior Elevated Elements refers to load bearing components and associated waterproofing systems, which includes balconies, decks, porches, stairways, walkways, and associated railings.

The Exterior Elevated Elements (EEEs) subject to the new requirements include those with a walking surface elevated more than six feet above ground level, designed for human occupancy or use, and supported by wood or wood-based products.

Homeowner Associations (with 3 or more units) that have load bearing components more than 6 ft above the ground with a walking surface (i.e., decks, balconies, walkways, stairways and their railings) supported by wood or wood-based products.

Associations must hire a licensed structural engineer or architect (such as EmpireWorks Partners) to perform a diligent inspection of exterior elevated elements (EEE)s. The inspection must consist of a random sufficient sample of balconies. The inspector must submit a report providing specified information about the physical condition and useful life of the elements inspected and any recommendations for repair or replacement.

SB 326 mandates that a statistically significant sample of exterior elevated elements must be inspected, sufficient enough to ensure 95% confidence that the results from the sample are representative of the entire structure, with a margin of error no larger than plus or minus 5%.

SB 326 mandates that a statistically significant sample of exterior elevated elements must be inspected, sufficient enough to ensure 95% confidence that the results from the sample are representative of the entire structure, with a margin of error no larger than plus or minus 5%.

For existing HOAs the first inspections must be completed by January 1st, 2025, and completed again, once every nine years, thereafter.

New HOAs for which a building permit application was submitted after January 1, 2020, must have the inspections completed within 6 years of the issuance of the certificate of occupancy and once every nine years thereafter.

The bill requires the inspector to provide a copy of the inspection report to the association immediately upon completion of the report. The written report shall contain the following information; 1) identification of the building components, 2) physical condition of building components, 3) expected useful life of building components, 4) repair recommendations, and 5) stamp/signature of the inspector.

The final report will advise the owner on repairs or maintenance that need to be made to ensure the safety of the deck or walkway. This will be passed on to the homeowners association, to allow them to assess the damages and budget for any necessary repairs.

There are two types of repairs that may need to be made:

1. Non-emergency repairs: the owner or Board of Directors are notified

2. Emergency repairs: referred to the Local Building and Safety Department

The bill would require the inspector to provide a copy of the inspection report to the local code enforcement agency within 15 days of completion of the report. The association shall take preventive measures immediately, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency.

Inspections can take 3-10 days to complete pending the size and access at the community.

Pricing is also pending the size and accessibility of the community. Proposals are customized to your community, request one today.

The Homeowners Association (HOA) is liable for unperformed inspections, the deadline is 2025 for completion.

If during the visual inspection the inspector observes building conditions indicating that unintended water or water vapor has passed into the associated waterproofing system, thereby creating the potential for damage to the load-bearing components, then the inspector may conduct a further inspection. It is up to the discretion of the inspector. The inspector shall exercise their best professional judgment in determining the necessity, scope, and extent of any further inspection.

Contact a specialist from EmpireWorks today for a free consultation and more information about how SB 326 affect you and your HOA.

EmpireWorks is a reconstruction contractor who has been repairing structural and waterproofing damage for HOA clients for nearly 20 years. Because of our experience, we have partnered with qualified Architects and Engineers. Upon completion of the report, we will work with the HOA step by step to develop an action plan to approach the repair recommendations made in the report.