The law is designed to prevent tragedies caused by structural failures in aging buildings, particularly those with wood-based construction. With the compliance deadline fast approaching, it’s time to take action to keep your community safe and legally protected.

SB326 vs. SB721: What’s the Difference?

While SB721 applies to multi-family apartment buildings (non-owner-occupied), SB326 California is specific to condominiums and HOAs. Both laws stem from the same concern—public safety after structural failures like the 2015 Berkeley balcony collapse—but they differ in their scope and application.

SB326 applies to:

• Condo associations

• Townhome communities under HOA management

• Common interest developments (CIDs) with 3 or more units

What Does SB326 Require?

By January 1, 2025, all applicable HOAs must complete their first inspection of elevated exterior elements used by residents. These elements include:

• Balconies

• Exterior stairways

• Elevated walkways and decks

• Other structures six feet or more above the ground, made of wood or wood-based materials

Key Requirements:

• The inspection must be performed by a licensed structural engineer or architect.

• Inspect a statistically significant sample of each type of EEE.

• Provide a written report to the HOA board.

• Retain the report for at least two inspection cycles.

• Repeat the inspection every 9 years after the first.

Why SB326 Matters

Many older condos were built decades ago and have not undergone consistent structural assessments. Moisture intrusion, dry rot, and aging materials can go unnoticed—until it’s too late.

SB326 aims to:

• Prevent structural failures,

• Extend the lifespan of buildings,

• Reduce costly emergency repairs,

• Protect residents and HOA boards from legal liability.

What Happens if You Don't Comply?

Failure to comply with SB326 by the January 1, 2025 deadline can expose HOAs to:

• Civil liability in case of accidents,

• Code violations and potential lawsuits,

• Loss of insurance coverage or increased premiums.

Early action not only ensures compliance but can reduce repair costs by catching issues before they escalate.

If you’re a property owner or manager of a building with three or more units, SB721 directly impacts you—and taking timely action is not just a legal requirement, but a critical step in ensuring resident safety.

What Is SB721?

SB721 requires that multi-family residential buildings with exterior elevated elements (such as balconies, porches, decks, or stairways) made of wood or wood-based products must undergo inspections by qualified professionals. These inspections are required every six years, with the initial inspection deadline set for January 1, 2025.

The law covers elements that:

• Are more than six feet above the ground,

• Are designed for human occupancy or use,

• Rely on wood-based materials for structural support.

What Does an SB721 Inspection Involve?

A compliant SB721 Inspection must be conducted by a:

• Licensed architect,

• Licensed civil or structural engineer,

• Certified building inspector,

• General contractor with specific experience.

The inspection includes:

• Evaluating structural integrity and waterproofing,

• Checking for visible signs of dry rot, decay, or water intrusion,

• Reviewing connections and load-bearing components,

• Recommending repairs or further testing if needed.

If any hazards are identified, they must be repaired in a timely manner to ensure safety and code compliance.

Who Must Comply?

Owners of:

• Apartment complexes

• Duplexes, triplexes, and fourplexes

• Other buildings with three or more dwelling units

Condominium HOAs are covered by a separate bill: SB326, which applies specifically to condos and common interest developments.

Why SB721 Compliance Matters

Failing to comply can lead to:

• Civil penalties and fines

• Legal liability in the event of structural failure

• Decreased property value

• Difficulty in selling or refinancing

On the flip side, compliance provides peace of mind, helps protect lives, and demonstrates responsible property stewardship.

Get Expert Help with SB721 Compliance

At ATC Balcony Repairs, we specialize in helping California property owners meet SB721 requirements. From thorough inspections to expert repairs and documentation, our team ensures your property is safe, secure, and fully compliant.

Don't wait until the 2025 deadline. Schedule your SB721 inspection today and safeguard your property and its residents for years to come.