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My HOA Missed the SB 326 Balcony Inspection Deadline. Now What?

Published July 15, 2026

California condo HOAs were required to inspect balconies by January 1, 2025. Many still have not, and insurance is the price.

California Civil Code section 5551 required condominium HOAs with three or more attached units to complete their first inspection of balconies, decks, and other exterior elevated elements by January 1, 2025. That deadline was not extended and has now passed by more than a year and a half. Boards that still have not completed it are out of compliance, exposed to fiduciary liability claims, and increasingly finding that their insurance carrier will not renew or will surcharge the policy until they can prove the inspection is done.

What the law requires

SB 326, codified at Civil Code section 5551, is part of the Davis-Stirling Common Interest Development Act. It applies to condominium associations responsible for buildings with at least three attached units, wood duplex-style condos are excluded, and it covers exterior elevated elements: balconies, decks, stairways, walkways, and their railings, along with the waterproofing systems underneath them, wherever the HOA is responsible for maintenance or repair.

The inspection itself must be performed by a licensed structural engineer or architect, who examines a sample of the elements for signs of deterioration, decay, or structural weakness, and issues a written report. Boards then have to distribute a summary of that report to owners and, where the inspector flags an immediate life-safety threat, take emergency action right away. After the first inspection, the law requires a repeat inspection every nine years.

This is a distinct statute from SB 721, which covers rental apartment buildings under Health and Safety Code section 17973 and carries a separate, later deadline. If your property is a rental building rather than a condominium HOA, the rental statute is the one that applies to you, not this one.

Why so many HOAs are still behind

Inspector capacity has been the recurring bottleneck. There are a limited number of licensed structural engineers qualified to do this specific work statewide, and demand spiked hard as the 2025 deadline approached. Many boards that engaged an inspector late in 2024 are still working through the report and remediation scope well into 2026, and some never engaged one at all.

The consequence has shown up fastest in insurance. Since the 2025 deadline passed, a growing number of carriers writing HOA master policies are asking for proof of SB 326 compliance as a condition of binding or renewing coverage, and some are declining to quote associations that cannot produce it. Industry attorneys tracking these renewals have reported premium increases in the range of 100 to 400 percent for non-compliant associations that can still find a carrier willing to write them at all, and some boards are being told flatly that they are uninsurable until the inspection is done.

Beyond insurance, board members carry personal exposure. Because section 5551 creates an affirmative statutory duty, a board that never engaged an inspector or that sat on a completed report showing hazardous conditions is in a much weaker position if an accident happens on a balcony and a lawsuit follows.

What to do if your HOA is behind

If your association has not completed the inspection, the fix is not to wait for a fine to force the issue, because the exposure is already live through insurance and liability, not a future penalty. Get a licensed structural engineer or architect under contract now, ask your current carrier directly what documentation they need to keep the policy in force, and get the summary report in front of owners once it lands so the board is not the last one holding the information.

What this means for you

If you own units in a South Bay condo HOA, or you sit on a board, this is worth confirming directly rather than assuming someone else handled it. A missed 2025 deadline does not go away with time, and the insurance market is actively pricing the risk right now.

If you would rather have someone track compliance deadlines like this across your portfolio instead of chasing it down yourself, that is part of what we do.

This is general information, not legal or tax advice. Confirm with a licensed professional before you act.

Sources

  1. California Civil Code section 5551, full text: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=5551
  2. SB 326 (2019-2020), Chaptered bill text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB326
  3. California Health and Safety Code section 17973 (SB 721, the parallel rental-property statute), for reference and to distinguish scope: https://law.justia.com/codes/california/code-hsc/division-13/part-1-5/chapter-5/article-2-2/section-17973/
  4. MBK Chapman PC, HOA balcony law fact sheet and compliance summary: https://mbkchapman.com/california-balcony-law-sb-326-fact-sheet/

Last verified: July 2026.

Topics: compliance, SB 326, HOA, balcony inspection, insurance

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Schofield Properties is a family run property management company at 323 Richmond St, El Segundo, CA 90245. We have managed the South Bay since 1972 and personally oversee about 186 doors today. Book a call to talk about your property.