As a local Realtor, I’m always keeping an eye on issues that affect the value of homes in San Diego. One recent development that impacts the safety and responsibility of Homeowners Associations (HOAs) is the new law regarding inspections of “exterior elevated elements”. According to San Diego Union-Tribune, Civil Code Section 5551 requires all HOAs to inspect these elements by December 31st of each year. These elements include balconies, stairs, and walkways extending beyond the exterior walls of the building and are at least six feet above the ground.
Previously, these inspections were only allowed to be conducted by licensed architects or structural engineers. However, Assembly Bill 2114, which was signed into law by the governor in July, has expanded the field of experts who can perform these inspections to include civil engineers.
This expansion is good news for HOAs who are struggling to find professionals to conduct these inspections. The Bureau of Labor Statistics reports that there are over 49,000 licensed civil engineers in California, which is a much larger pool of professionals than the Structural Engineers Association of California’s 3,500 members. This broader range of professionals will hopefully help the thousands of HOAs who have not yet complied with the statute.
It’s important to note that these inspections are visual only and no destructive testing is required. The HOA is not required to obtain its next inspection for nine years once the initial inspection is completed.
HOAs should remember that the responsibility for maintaining and repairing exterior elevated elements may differ depending on the type of association. For example, townhouses or associations with two-story buildings may have amended their CC&Rs to place responsibility for balconies on individual unit owners.
Any HOA with doubts about how the statute applies to their situation should consult with their legal counsel.
As a Realtor, I highly recommend that all HOAs work to comply with this new law as soon as possible. Compliance is legally required and morally imperative. Early detection of building deterioration can also help to reduce the cost of repairs.
If you are a homeowner or part of an HOA, I encourage you to learn more about this new law and the importance of regular inspections. You can find more information on my website at https://robertluiswallace.com/services/ where I provide a variety of services to help you navigate the complexities of the real estate market.
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