SB 326 Balcony Inspections: The Condo HOA Deadline That Was Not Extended

Published August 10, 2026

Civil Code section 5551 required every qualifying condominium association to complete its first exterior elevated element inspection by January 1, 2025. That date passed with no legislative extension, and the next inspection is due nine years later.

The short answer

Civil Code section 5551 required condominium and other qualifying common interest developments with three or more attached multifamily dwelling units to complete their first inspection of exterior elevated elements, balconies, decks, stairways, and similar load-bearing structures, by January 1, 2025. That deadline came and went with no extension. The next inspection is due nine years after the first, and associations that missed the deadline are already out of compliance with no grace period in the statute.

Last verified: August 10, 2026

What section 5551 actually requires

SB 326 added Civil Code section 5551 to require regular structural inspections of exterior elevated elements in condominium and similar common interest developments. It applies to a defined category of structure: elevated architectural elements more than six feet above ground, supported in whole or substantial part by wood or wood-based products, with a walking surface, that rely on a waterproofing system to protect the load-bearing components underneath. That covers most wood-framed balconies, decks, and exterior stairways over six feet high.

The inspection has to be done by a licensed structural engineer, civil engineer, or architect. The statute requires a visual inspection of a statistically significant sample of the association's exterior elevated elements, not necessarily every single one, though the sample has to be large enough to represent the whole population reliably.

The deadline, and why it is not moving

The statute sets a specific first deadline and a recurring cycle:

| Requirement | Detail |

|---|---|

| First inspection deadline | January 1, 2025 |

| Recurring cycle | At least once every nine years after the first inspection |

| Accelerated timeline, newer buildings | Buildings that received a building permit application on or after January 1, 2020 must have their first inspection within six years of the certificate of occupancy |

| Who performs it | A licensed structural engineer, civil engineer, or architect |

| Scope | Common interest developments with buildings containing three or more attached multifamily dwelling units |

The section has been amended since it was enacted, most recently by SB 410, effective January 1, 2026. That amendment tightened the reporting and sampling requirements, added a required cover page summarizing unit and element counts, and extended how long inspection reports must be retained. It did not touch the January 1, 2025 first-inspection date. The deadline in the current code text still reads "the first inspection shall be completed by January 1, 2025, and then every nine years thereafter." No bill moved that date.

That matters because SB 326's sister statute for rental apartment buildings, SB 721, has a separate compliance timeline and has been the subject of extension discussion in some jurisdictions. Do not assume anything you have heard about an extension for apartment inspections under SB 721 applies to condo associations under SB 326 and Civil Code section 5551. They are different statutes with different deadlines, and the condo deadline was not extended.

What happens when the inspector finds a real problem

The statute does not just require a report and a file. If an inspector determines that an exterior elevated element poses an immediate threat to the safety of occupants, the law requires the inspector to notify the association immediately, and the association must notify local code enforcement in writing within fifteen days of receiving that report. The association is also required to take immediate preventive measures, which can include restricting occupant access to the affected area, until repairs are made.

Inspection reports themselves have to address the physical condition of the elements, whether they pose an immediate threat, the expected future performance and remaining useful life of the waterproofing and structural components, and recommendations for any needed repair or replacement. Reports must be retained for at least two inspection cycles, meaning a board cannot simply act on a report and then discard it.

What an overdue association is exposed to

An association that missed the January 1, 2025 deadline does not get a do-over clock. The statute does not build in a grace period for a late first inspection, it just measures the nine-year recurring cycle from when the first inspection actually happens, if it has not happened yet. Practically, that means:

The association is currently out of compliance with a state statute, which is a fact that surfaces in resale disclosures, refinance due diligence, and any dispute or litigation involving a balcony failure, since a plaintiff's attorney does not need to prove much more than "the inspection was never done" to establish the association fell short of the statutory standard of care.

Boards that have not started should treat this as immediate, not scheduled-for-next-budget-cycle, work. Get a licensed structural engineer, civil engineer, or architect engaged, get the statistically significant sample defined and inspected, and get a report that meets the current, SB 410-updated content requirements, since a report that predates those requirements may not satisfy the current statute if it needs to be redone or supplemented.

FAQ

My association is technically an HOA but the building only has two attached units per structure. Does section 5551 apply?

The statute's scope is limited to buildings containing three or more attached multifamily dwelling units. A duplex-style structure within a larger association may fall outside that specific building's inspection requirement, but confirm the association's overall applicability with a qualified inspector or attorney, since scope questions turn on the specific building configuration.

Was the January 1, 2025 deadline ever extended by the legislature?

No. The current code text still sets the first inspection deadline at January 1, 2025. A later amendment, SB 410, effective January 1, 2026, changed reporting and sampling detail but left that date in place.

What is the recurring inspection interval after the first one?

At least once every nine years, coordinated with the association's reserve study inspection cycle under a separate statute.

Does a newer building get more time?

Buildings that received a building permit application on or after January 1, 2020 get a somewhat different clock, their first inspection is due within six years of the certificate of occupancy rather than by the January 1, 2025 date.

What has to happen if the inspector finds an immediate safety threat?

The inspector must notify the association immediately, the association must notify local code enforcement in writing within fifteen days, and the association must take immediate preventive measures, which can include restricting access, until repairs are approved and completed.

This article is general information about a California statute, not legal or engineering advice. Confirm your association's specific compliance status, the applicable inspection scope, and any required next steps with a licensed structural engineer or California common interest development attorney.

Topics: compliance, SB 326, balcony inspection, HOA, Civil Code 5551, South Bay

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