SB 326 Inspection
in Sacramento
Engineer-led compliance inspections for condominiums and HOA-governed properties. The deadline has passed — non-compliant HOAs face fines and board member liability.
What Is SB 326?
SB 326 (California Civil Code Section 5551) is a state law requiring homeowners associations (HOAs) to have all exterior elevated elements inspected by a licensed architect or structural engineer. Like SB 721, the law was enacted in response to the 2015 Berkeley balcony collapse tragedy.
The law covers balconies, decks, porches, stairways, walkways, and railings that are elevated more than 6 feet above ground and rely on wood or wood-based structural support members.
Who Must Comply?
- Condominium complexes governed by an HOA
- Townhome communities with shared exterior elevated elements
- Planned unit developments (PUDs) with common-area balconies or decks
- Any common interest development as defined by the Davis-Stirling Act
- Mixed-use condominium buildings with exterior elevated elements
The first SB 326 inspection deadline was January 1, 2025. HOAs that have not completed inspections are now out of compliance. Board members have a fiduciary duty to ensure compliance and may be held personally liable. Contact us today to schedule your inspection.
HOA Board Responsibilities
Under SB 326, HOA boards bear specific obligations that go beyond those of SB 721 property owners:
- Fiduciary duty to arrange and fund inspections from reserve funds
- Disclosure requirement to share inspection results with all unit owners
- Repair timeline — if repairs exceed 30% of remaining useful life, they must be included in the reserve study
- Emergency repairs must be initiated within 180 days if immediate safety hazards are identified
- Record retention of all inspection reports and repair documentation
Risks of Non-Compliance
HOA boards and property managers who fail to comply with SB 326 face significant financial, legal, and personal consequences.
Civil penalties for each day the HOA remains out of compliance with inspection requirements
Board members can be held personally liable for failure to fulfill fiduciary duty to inspect
Unit owners can sue the HOA for failure to maintain common-area safety and protect property values
Insurance companies may deny claims and increase premiums for non-compliant associations
How Our SB 326 Inspection Works
An engineer-led process designed for HOA boards, from initial assessment to compliance certification.
HOA Consultation
We meet with the HOA board or property manager to review the property, determine the scope of exterior elevated elements, discuss access logistics, and provide a clear written quote with no hidden fees.
Engineer-Led Visual Inspection
A licensed structural engineer examines all exterior elevated elements — balconies, decks, stairways, walkways, and railings. Every element is assessed for water damage, dry rot, structural deflection, corroded hardware, and code violations.
Statistically Significant Invasive Testing
SB 326 requires invasive testing of a random, statistically significant sample of exterior elevated elements. Our engineer selects test locations to ensure representative coverage across the property, assessing hidden structural conditions.
Detailed Report for the Board
The HOA board receives a comprehensive engineer-stamped report with photo documentation, condition ratings for each element, identified deficiencies, repair recommendations, cost estimates, and priority timelines. This report satisfies all SB 326 filing requirements.
Repair & Certification
If repairs are needed, our licensed construction team handles everything in-house — from targeted fixes to full reconstruction. Emergency conditions must be repaired within 180 days per SB 326. Once all work is completed, we provide the compliance documentation for your HOA records.
What We Inspect
SB 326 covers all exterior elevated elements that are more than 6 feet above ground and use wood or wood-based structural support.
Balconies
Load-bearing capacity, guardrail connections, waterproofing membranes, flashing details, and structural attachment to the building.
Decks
Joists, ledger boards, post-beam connections, decking surface integrity, and the condition of all fasteners and hardware.
Stairways
Stringer integrity, tread condition, handrail connections, landing structures, and guardrail height and spacing compliance.
Walkways & Porches
Support posts, beam connections, surface drainage, waterproofing systems, and overall structural integrity of elevated corridors.
Railings & Guards
Connection strength, height compliance, baluster spacing, post anchoring, and resistance to lateral loading per current building code.
Waterproofing
Membrane condition, flashing effectiveness, sealant integrity, drainage slope, and moisture intrusion evidence in all protected areas.
SB 326 vs. SB 721
Both laws address balcony safety, but they apply to different property types and have different requirements.
| SB 326 | SB 721 | |
|---|---|---|
| Applies To | Condos / HOA | Apartments (3+ units) |
| Code Reference | Civil Code §5551 | Health & Safety Code §17973 |
| Who Can Inspect | Licensed architect or engineer only | Licensed contractor, architect, or engineer |
| First Deadline | Jan 1, 2025 | Jan 1, 2025 |
| Repeat Cycle | Every 9 years | Every 6 years |
| Invasive Testing | Random statistically significant sample | 15% minimum of each type |
| Report Filed With | HOA board of directors | Local enforcement agency |
Not sure which law applies to your property? Contact us and we'll help you determine your compliance requirements.
SB 326 Questions
What is SB 326 and who does it apply to?
SB 326 (California Civil Code Section 5551) requires HOAs and condominium associations to have exterior elevated elements inspected by a licensed architect or structural engineer. The law applies to any condominium project governed by a homeowners association, including townhome communities, planned unit developments, and mixed-use condo buildings.
What is the deadline for SB 326 inspections?
The first SB 326 inspection deadline was January 1, 2025. HOAs that have not completed inspections are now past due and may face enforcement actions, personal liability for board members, and potential lawsuits from unit owners. Repeat inspections are required every 9 years.
Who can perform SB 326 inspections?
SB 326 inspections must be performed by a licensed architect or licensed structural engineer. Unlike SB 721, a licensed contractor alone cannot perform SB 326 inspections. This requirement ensures a higher level of engineering analysis for condominium structures. Decks and Balcony works with licensed engineers to provide comprehensive SB 326 inspections.
What does the invasive testing involve?
SB 326 requires invasive testing of a random, statistically significant sample of exterior elevated elements. The engineer selects representative test locations, opens small sections to assess hidden structural members, and evaluates the condition of joists, ledger boards, flashing, and waterproofing. All openings are properly repaired after testing.
What are the HOA board's responsibilities under SB 326?
HOA boards must arrange and fund inspections, share results with unit owners, include necessary repairs in reserve studies, initiate emergency repairs within 180 days of identification, and maintain all inspection records. Board members have a fiduciary duty to ensure compliance and can be held personally liable for failing to act.
How much does an SB 326 inspection cost in Sacramento?
Costs depend on the number of units, quantity of elevated elements, and property accessibility. Because SB 326 requires a licensed engineer, costs may differ from standard SB 721 inspections. We provide free, no-obligation estimates. Contact us at (916) 848-2728 for a quote tailored to your HOA property.
SF condos and HOAs must also comply with Section 604 — a local law that covers metal structures and fire escapes that SB 326 does not. SB 326 compliance alone is not enough. Learn about Section 604 →
Protect Your HOA. Get Compliant Today.
The SB 326 deadline has passed. Schedule your engineer-led inspection now to protect your board, your residents, and your property values.