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We have received calls and emails insisting that we are incorrect and that AB 2579 also applies to HOAs. But AB 2579 does not apply to SB 326. The clear and deciding factor is this line near the very end of the bill:
(n) This section shall not apply to a common interest development, as defined in Section 4100 of the Civil Code. |
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There’s more! Let’s start from the top of the bill…
Regarding inspector requirements, AB 2579 says:
The inspection shall be performed by a licensed architect; licensed civil or structural engineer; a building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the Contractors State License Board, with a minimum of five years’ experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction.
The above are the requirements for SB 721 inspectors. SB 326 for HOAs allows for ONLY an engineer or architect. The above section from AB 2579 applies only to SB 721. |
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That same first paragraph says:
The person or business performing the inspection shall be hired by the owner of the building.
The above pertains only to SB 721 since it refers to “the owner of the building.” AB 2579 refers quite a few more times to “owner of the building” yet through the entire statute, you won’t find any mention of HOAs or Homeowners Associations. |
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Finally, CA AB 2579 reiterates how often the inspection must be done:
(d) The inspection shall be completed by January 1, 2025, 2026, and by January 1 every six years thereafter.
Every six years is the time frame for SB 721. SB 326 requires that HOAs have their Exterior Elevated Elements be inspected every NINE years. |
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We have searched extensively and found no bills that extend CA SB 326. And with only a few weeks until the deadline, it’s unlikely any bills will be introduced and passed before January 1, 2025.
At this time, Alliance Inspections is fully booked with SB 326 inspections through the end of 2024 (but our other inspectors have openings for other types of inspections!). If you are not able to find any other company that can help you get SB 326 compliant before the deadline, we’d be happy to do it for you in January. Call for a quote! |
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Here are the links to the two statutes discussed in this email: CA SB 326: This is the statute on Exterior Elevated Elements that applies to HOAs CA AB 2579: This is the statute that extends the deadline to comply with SB 721
At any time, you can click on either of those links and do a search by any keyword to verify everything in this newsletter. As we have all learned, first-hand knowledge is always better than relying on someone else’s interpretation! |