Two California laws, two deadlines, and one goal: make sure elevated balconies, decks, walkways, and stairways don't fail on the people using them. Here is what every board and property owner needs to know.
Both SB 326 and SB 721 apply to buildings with three or more units and to exterior elevated elements more than six feet above the ground — balconies, decks, walkways, stairways, and railings supported substantially by wood.
What differs is who owns the building, who is responsible for the inspection, and how often the cycle repeats.
SB 326 is the condo law — the HOA board is responsible. SB 721 is the apartment law — the building owner is responsible. If you sit on a condo board or manage a common-interest development, SB 326 applies to you.
Sources: Civil Code §5551 (SB 326), Health & Safety Code §17973 (SB 721), Assembly Bill 2579 (2024), Davis-Stirling.com (2025).
The inspection is a visual observation of a statistically significant sample of the exterior elevated elements — not every single balcony. For most properties, the code requires observation of a random sample equal to at least 95% confidence in the condition of the whole population.
Identify each element by unit or common-area location, document its current condition, note any water intrusion, corrosion, or wood decay visible without destructive testing, and rate whether the element is performing as designed. The report must include photographs, the inspector's professional stamp, and a signed narrative.
Visual observation is insufficient to determine the condition of load bearing components — typically when the finish surface is intact but the underlying framing cannot be seen. Invasive testing is a separate scope, at additional cost, and requires unit access.
If the inspector finds an immediate threat to life safety, they are required to notify the local code enforcement agency and the building owner or HOA within 15 days. The board or owner then has 120 days to complete the repair. Missing that window puts the property in active non-compliance.
The written report is the piece of paper that resets the compliance clock. It must be signed and stamped by the licensed professional, retained in the association records for two inspection cycles (18 years for HOAs), and integrated into the reserve study.
For HOAs, the report also feeds directly into the board's fiduciary responsibility — if repairs are recommended and the board fails to fund them, individual directors can be personally exposed. This is why the inspection is not just a regulatory task; it is a board governance question.
Licensed architect, written scope, honest description of what invasive testing costs if the visual inspection isn't enough.
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