SB 326 Balcony Inspections: What California Condo HOAs Must Do
After the 2015 Berkeley balcony collapse killed six people, California passed two inspection mandates. SB 326 is the one that applies to condominium associations — and its first statutory deadline has already passed. Here's what boards need to know, including what to do if yours missed it.
Who it applies to
SB 326 (Civil Code § 5551) applies to condominium projects with three or more units that have "exterior elevated elements" — balconies, decks, walkways, stairways, and their railings — that extend beyond the building's exterior walls, are elevated more than six feet above ground, are supported wholly or substantially by wood, and are designed for human occupancy or use. Planned developments where owners maintain their own structures generally aren't covered; this is a condominium obligation. (Apartment buildings have a parallel duty under SB 721, a different statute with different deadlines.)
What the inspection requires
- Who performs it: a licensed structural engineer or architect.
- What they inspect: a statistically significant random sample of the association's exterior elevated elements — enough to give 95% confidence that the results reflect the whole population.
- What they produce: a stamped written report covering the elements' condition, expected remaining useful life, and recommendations, delivered to the board and incorporated into the association's reserve study going forward.
- Emergencies: if the inspector finds an element posing an immediate threat, the association must take preventive action immediately — restricting access and notifying local code enforcement as required.
The deadlines
The first inspection was due by January 1, 2025, and inspections repeat at least every nine years thereafter, aligned with the reserve study cycle. For buildings whose first close of escrow happens after that date, the first inspection is due within six years of the certificate of occupancy.
Missed the deadline? Do this now
An association that missed January 1, 2025 doesn't get a pass — the obligation continues, and the exposure compounds. The practical sequence:
- Calendar it as an emergency agenda item and document the board's decision to commission the inspection immediately — a paper trail of prompt corrective action matters.
- Retain a licensed structural engineer or architect now; in some regions inspectors book out months ahead.
- Budget for it — through reserves if the study anticipated it, or the emergency-assessment authority if a safety threat is found.
- Fold the report into the reserve study and disclosures so future funding reflects the findings.
Get the SB 326 program on paper
Our Condo package includes an SB 326 checklist — inspection scheduling, inspector criteria, board duties, and member notice templates — plus condominium CC&Rs with the maintenance and reserve language § 5551 assumes.
See the Condo package →This article is general information about California law, current as of its publication date, and is not legal advice for any specific association. Statutes are amended regularly — verify current law or consult a California-licensed HOA attorney for your situation.