The Latest on SB 326 and 721

The Latest on SB 326 and 721

We recently sent out an email with an update on CA SB 2579 which amends CA SB 721 and would provide an extension of the January 1, 2025 deadline to January 1, 2026 to get Exterior Elevated Elements (EEEs) inspected. We were mistaken on reporting that the bill had been passed into law. It is currently still sitting in the state senate.

We have yet to see any extension for SB 326 for HOAs.

As it stands now, the deadline for both SB 326 and 721 is January 1, 2025.

Although we do expect SB 2579 to pass  and eventually be signed by the governor, there is no actual guarantee when this will happen. To be on the safe side, we recommend every apartment building owner, property manager or HOA member to arrange an inspection of their building(s) as soon as possible.

Specific points of SB 326 and 721:

We also wanted to stress a couple points in these statutes so that no apartment building owners, property managers or HOA members have any unpleasant surprises. The inspector must report any hazardous conditions to the city authorities.

These conditions can be:

• Loose railings
• Steps of uneven height
• Wood/structure degeneration

If any of the EEE structures are flagged by the inspector as posing a risk, access to that area must be prevented immediately. Although SB 326 does not provide any time frames, SB 721 does state, “… shall apply for a permit within 120 days of receipt of the inspection report.”

Did you know?

When a general inspector is doing a physical inspection of a building, he is very likely assessing the EEEs per SB 326 and 721. When a reserve study is done, that inspector is also assessing the EEEs per SB 326 and 721.

There are no specific requirements in either statute that specify that an inspector must only inspect the EEEs and not other areas of the building. So, whatever fairly recent inspection report you already have will very likely fulfill your obligations per SB 326 and 721. Keep that report on file. However, if any hazardous conditions were flagged, then we recommend any repairs be performed before any authorities check to see if you are SB 326 or 721 compliant and they discover the hazardous conditions weren’t addressed. Non-emergency defects must also be addressed within a specific time frame.

Also, per SB 721, “Repairs of emergency conditions shall comply with the requirements of subdivision (g), be inspected by the inspector, and reported to the local enforcement agency.” So you would call the inspector to verify any recommended repairs are completed. SB 326 specifies that repairs be inspected and approved by the local law enforcement, so an HOA would have no need to have the inspector verify repairs.

NOTE:

For SB 326 inspections, the statute requires that the inspector be a licensed engineer or architect. If the previous inspection was not performed by a licensed engineer or architect, then you are not SB 326 compliant and must get an inspection by January 1, 2025.

If you are not yet SB 326 or 721 compliant, we recommend not waiting until the 11th hour when other building owners and HOAs are also rushing to find an available inspector before the deadline.

We are qualified to perform both SB 326 and 721 inspections!

If you have any questions, feel free to call (818) 353-2885 and ask for Cecilia!