Does the new Balcony Inspection Law apply to your Community?

recent events Mar 05, 2020
As of January 1, 2020, new California law imposes very specific inspections, reports and repairs for certain elevated exterior structures (balconies, walkways, etc.), that are maintenance, repair and replacement responsibility of California community associations. 
 
The required inspections, reports and repairs will be onerous and very expensive. As such, A CRITICAL FIRST STEP is to determine if your association is required to do them.

The new law applies only to association maintained “Exterior Elevated Elements” as that phrase is VERY specifically defined in the new law.  

If your balconies, elevated walkways or other elevated structures are not structurally wood,  if they are supported by pillars or posts, or if portions of them are surrounded by parts of the building structure, they may fall outside of the “Exterior Elevated Element” definitions.  If structures to not fall within that definition, they are not implicated by the new law. ** 

This is not a determination that should be made by a board member, community manager or even an association’s legal counsel.  We recommend that it be made, in writing, by a licensed structural engineer, or architect.

If you would like more detail about these new California requirements, a discussion about how and why they might (or might not), apply to your community, and strategies for addressing them efficiently, click here [INSERT LINK] or give any of us a call.  
 
**Important Note:  This new law may not apply to certain association-maintained structures within your community. However, that does not mean that the Association does not have a duty to reasonably inspect and assure that those structures are safe and properly maintained. It simply means that those structures do not require compliance with the very specific and financially onerous inspection, report and repair requirements of the new law. 

The information contained in this document is presented for educational purposes only.
It does not constitute legal advice concerning any specific circumstances

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