Regulatory Compliance Consulting

California has implemented several laws that impact HOA and multifamily building safety.

Mason CMI assists communities with coordinating inspection and repair programs.

SB 326 – HOA Balcony Inspections

Understanding SB 326: The "California Balcony Law"

In the world of California homeowner associations (HOAs), Senate Bill 326 (SB 326) is one of the most critical pieces of legislation passed in recent years. Enacted in response to the tragic 2015 Berkeley balcony collapse, this law mandates rigorous safety inspections for Exterior Elevated Elements (EEEs) in multi-family residential buildings.

For construction managers and HOA boards, understanding the compliance timeline and technical requirements is essential to avoiding liability and ensuring resident safety.

What Does SB 326 Require?

The law specifically targets buildings with three or more multi-family units that are governed by an HOA. It requires a “reasonably detailed and sufficiently intensive” inspection of elevated elements that rely on wood or wood-based products for structural support.

Key inspected components include:

  • Balconies and decks

  • Porches and stairways

  • Walkways and entryways

  • Railings and support systems

These elements must be more than six feet above the ground to fall under the mandate.

Why It Matters for Construction Management

For professionals in construction management, SB 326 represents a shift from reactive maintenance to proactive structural integrity. Managing these projects involves:

  1. Coordinating with Experts: Vetting engineers and architects who specialize in waterproofing and timber framing.

  2. Budgeting for Repairs: Helping HOAs understand that the cost of an inspection is far lower than the cost of a structural failure or emergency litigation.

  3. Project Oversight: Ensuring that any remedial work discovered during the inspection is performed to current code and properly waterproofed to prevent future decay.

SB 721 – Apartment Balcony Inspections

While SB 326  covers HOA-governed properties, SB 721 is the specific legislation targeting apartment buildings and multi-family rentals. Often called the “Apartment Balcony Law,” it places a heavy burden of responsibility on building owners and property managers to ensure their “Exterior Elevated Elements” (EEEs) are structurally sound.

For construction managers, SB 721 represents a massive wave of mandatory remedial work and inspection coordination across California.

What is SB 721?

Passed in 2018, SB 721 requires owners of multi-family residential buildings with three or more units to have their balconies, decks, and other elevated walkways inspected.

The law focuses on elements that are:

  • Constructed of wood or wood-based structural supports.

  • Located more than six feet above ground level.

  • Accessible by occupants for walking or lounging.

The Role of the Construction Manager

Construction managers are the bridge between the inspector’s findings and the necessary repairs. Under SB 721, the process follows a strict hierarchy of urgency:

1. The Inspection & Assessment

Inspectors look for signs of “wood destroyers” (fungus or termites) and dry rot. They often use borescopes—small cameras inserted through tiny holes—to check the internal framing without tearing down the entire soffit.

2. Categorizing Repairs

  • Emergency Repairs: If an element is an immediate threat, the owner must be notified instantly. The area must be cordoned off, and repairs must begin immediately.

  • Non-Emergency Repairs: If damage is found but it isn’t an immediate hazard, the owner has 120 days to apply for a permit and another 120 days to complete the work.

3. Long-Term Maintenance

Construction managers must ensure that the “associated waterproofing systems” (flashing, membranes, and sealants) are updated. Most balcony failures aren’t caused by bad wood, but by failed waterproofing that allowed water to seep into the structural joists over time.

SB 800 – Construction Defect Repair Coordination

In the California residential market, Senate Bill 800 (SB 800), also known as the “Right to Repair Act,” is the definitive framework for handling construction defects. For construction managers, SB 800 is more than just a legal hurdle; it is a highly structured coordination process that can either prevent a lawsuit or become the basis for one.

Unlike traditional litigation where a homeowner might sue immediately upon discovering a leak, SB 800 mandates a “non-adversarial” pre-litigation process.

What is SB 800?

Passed in 2002, SB 800 established specific functionality standards for nearly every component of a new home—from the foundation to the roof tiles. If a component fails to meet these standards (even if no physical damage has occurred yet), the homeowner has the right to a remedy.

However, that “remedy” starts with the builder’s Right to Repair. Before a homeowner can step into a courtroom, they must give the builder a chance to fix the problem.

Key Responsibilities for CMs

Successfully navigating an SB 800 claim requires a construction manager to act as a hybrid of a project scheduler and a forensic investigator.

  • Evidence Preservation: Before any “patch-and-paint” work begins, the CM must ensure the defect is documented via high-resolution photos, moisture mapping, or thermal imaging.

  • Subcontractor Accountability: Under SB 800, a builder can hold subcontractors and material suppliers liable if their work contributed to the violation. CMs must manage the “pass-through” of these claims and ensure the original installers are involved in the repair.

  • Standard of Care: Repairs must be performed with “utmost diligence” and typically completed within 120 days. The CM must oversee the quality of the repair to ensure it doesn’t lead to a secondary claim.

  • Documentation Management: SB 800 requires builders to provide homeowners with original plans, specifications, and maintenance guidelines within 30 days of a request. Keeping a clean, digital “as-built” library is vital.

The "Functional Standards" Trap

One of the most unique aspects of SB 800 is that it defines a “defect” by whether a system functions, not just if it’s broken.

  • Example: A roof that allows “unintended water” to pass through is a violation, even if it hasn’t caused a ceiling stain yet.

  • Example: A shower that fails to contain water within its enclosure is a violation of the “Functionality Standard.”

We assist HOAs and owners with organizing the repair process associated with construction defect claims.