California Condo Owners: Did You Miss This Balcony Inspection Law?

If you own a condo in California, there’s a good chance your balcony, deck, or walkway needs to be inspected under a law you’ve never heard of—SB 721 (for apartments) and SB 326 (for condos/HOAs). These laws were passed in response to a tragic balcony collapse in Berkeley that killed six people.

The deadline to comply with this inspection law? It already passed.

If your HOA hasn’t completed the inspection, and you’re thinking of selling—or even just maintaining your home—this could become a serious issue.

1. What Is SB 326 and Who Does It Apply To?

SB 326 requires all condo associations (HOAs) in California to inspect “Exterior Elevated Elements” (EEEs) such as:

  • Balconies

  • Walkways

  • Staircases

  • Railings

  • Decks or any structure that is 6+ feet off the ground and supported by wood

Applies to:

  • All condo buildings with 3 or more units

  • Built before 2019

  • With common-area elevated wood components

Deadline:

  • January 1, 2025 for inspection completion

  • But disclosures are already required when selling, regardless of inspection status

2. What Happens If Your HOA Missed the Deadline?

If you’re a seller, you are now legally required to disclose:

  • Whether the required inspection has occurred

  • Whether any repairs were recommended

  • Whether those repairs have been completed

If your HOA hasn’t started the process? That becomes a red flag to buyers—and can delay or derail your sale.

Potential consequences:

  • Appraisal issues

  • Buyer hesitation

  • Lender concerns

  • Legal exposure due to nondisclosure

3. What Do These Inspections Cost (and Who Pays)?

Inspection costs vary widely based on the size and age of the building, but most range between $500–$2,000 per unit. If repairs are needed, the HOA may need to levy a special assessment to cover structural upgrades.

Owners should ask:

  • Has the HOA scheduled the inspection?

  • What were the results, if already completed?

  • Are reserve funds available if repairs are needed?

  • Will this impact future dues or assessments?

4. Why This Law Matters for Buyers and Sellers Alike

If you’re buying a condo, you want to know:

  • Has the building passed inspection?

  • Are any major structural repairs on the horizon?

If you’re selling, being proactive can:

  • Improve buyer trust

  • Prevent surprises during escrow

  • Protect you legally

In competitive markets like Walnut Creek, a completed inspection gives your listing a clear edge.

5. What Should You Do Now?

Condo owners:

  • Contact your HOA board or management company

  • Ask for documentation of the SB 326 inspection

  • If they haven’t acted, pressure them to schedule it—you’re legally exposed

Thinking of selling?

  • Talk to a Realtor who understands this law

  • Include the inspection status in your disclosures

  • Consider timing your sale around completed repairs or assessments

Conclusion: Don’t Wait for This to Cost You

California’s new condo inspection law isn’t just paperwork—it’s a legal and financial necessity that’s already affecting real estate transactions. Whether you're planning to sell or simply want to protect your investment, now is the time to get informed and take action.

Need help navigating SB 326 or preparing your condo for sale?
Contact the 5 Star Team for expert local guidance on selling, buying, and staying compliant in California’s ever-evolving real estate landscape.

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