Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law requires the board of a condominium association to cause a visual inspection to be conducted of the exterior elevated elements for which the association has maintenance or repair responsibility at least every 9 years. Existing law requires the inspection to be conducted by a licensed structural engineer or architect.

This bill would amend Civil Code Section 5551 to additionally authorize a licensed civil engineer to conduct the inspection.

This bill would declare that it is to take effect immediately as an urgency statute.

**AB-2114 was signed into law on July 15, 2024 and takes effect immediately.

Current Status: Dead

FindHOALaw Quick Summary:

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law sets forth the duties and responsibilities of the association and the owners of the separate interests with regard to maintenance and repair of common and exclusive use areas, as defined. Unless otherwise provided in the declaration, the association is generally responsible for maintaining, repairing, and replacing the common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to that interest.

This bill would add Civil Code Section 5551 to require the association of a condominium project to cause a reasonably competent and diligent visual inspection of the load-bearing components and associated waterproofing systems at least once every nine (9) years to determine whether the exterior elevated elements are in a generally safe condition and performing in compliance with specified standards. The bill would require the inspector to submit a report to the board of the association providing specified information, including the current physical condition and remaining useful life of the load-bearing components and associated waterproofing systems.

The bill would add Civil Code Section 4770 to require the developer of a condominium project to submit a complete set of architectural and structural plans and specifications to an association for any buildings containing exterior elevated elements.

Existing law provides that an association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with its members in specified matters, including enforcement of the governing documents.

The bill would add Civil Code Section 5986 to require the board to make the determination of whether and when an association may commence legal proceedings against a declarant, developer, or builder of a common interest development, except as specified. The bill would, with certain exceptions, prohibit an association’s governing documents from limiting a board’s authority to commence legal proceedings against a declarant, developer, or builder of a common interest development. The bill would make these provisions applicable to governing documents and claims initiated before the effective date of this bill.

Current Status: Dead

FindHOALaw Quick Summary:

This bill would add Business and Professions Code Section 7071.20 Article 2.2 (commencing with Section 17973) to Chapter 5 of Part 1.5 of Division 13 of the Health & Safety Code to require a property owner to conduct an inspection of decks, balconies, and elevated walkways more than six feet above ground level in a building containing three or more multifamily units by a licensed general contractor, structural pest control licensee, licensed architect, licensed engineer, a certified construction inspector, or building official, or other licensee as approved by the Department of Consumer Affairs. The purpose of the inspection is to verify that all of the balconies and other elevated walking surfaces are in generally safe condition, adequate working order, and free from any hazardous dry rot, fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered.  The bill would require the inspections and any necessary repairs to be completed by January 1, 2024, and would require subsequent inspections every 5 years.

Building elements, including the walking surface, structural frame and connector hardware, weatherproofing, landings, stairway systems, guardrails, handrails, and any other elements critical to the safety of the balcony or elevated walking surface, found to be in need of repair or replacement, hazardous, structurally deficient, or noncompliant shall, upon determination by the licensed professional, be immediately corrected by the property owner or individual person or company responsible for management or operation of the building.  The property owner must apply for any permits within 60 days of receipt of the inspection report, and the repairs must be completed within 90 days of obtaining the permits. The continued and ongoing maintenance of balconies and elevated walking surfaces and parts thereof, in a safe, and sanitary condition, shall be the responsibility of the property owner or the owner’s designated agent.

The repairs made under these provisions would be required to comply with the latest edition of the California Building Standards Code and all local jurisdictional requirements. The bill would authorize local enforcing agencies to recover enforcement costs associated with these requirements.

Multifamily buildings of three units or more for which a building permit application has been submitted on or after January 1, 2019, are exempt from the inspection certification requirements for a period of five years following issuance of a certificate of occupancy from the local jurisdiction.