The balcony inspection law deadline is looming.
Owners of buildings with three or more units with at least one balcony
must complete their initial balcony inspections by January 1, 2025.
However, not everyone needs to worry about this law. The inspection requirement applies only to the following types of property:
• Buildings with three or more multifamily dwelling units (this includes condominiums),
• When there is an elevated balcony, stairway, walkway, or deck (at least six feet above the ground),
• That is supported in whole or in substantial part with wood or wood-based material, and
• The balcony or walkway and the load-bearing components thereof extend beyond the exterior walls of the building.
If the stairway or walkway does not extend beyond the exterior walls or
if the balcony is not supported in whole or in substantial part by wood
or wood-based products, then this law does not apply. Individual owners
of condo units are also not required to perform an inspection; that
requirement is placed on the condo association itself. California Association of REALTORS
Building with outset balconies
In condo associations, a licensed engineer or architect must perform the inspection; in other properties a licensed general contractor with A,B or C-5 license may perform the inspection. In condo associations, the law allows the repairs to be done by the inspector, but associations may wish to hire a separate entity to do any necessary repairs.
Several REALTOR forms are being revised, or have been, to include this legal requirement and advise the parties about it. Fannie Mae loan guidelines require the lender to review the report and repair progress for loan qualification purposes; without completion, an HOA property, for example, will be ineligible for a Fannie Mae loan. Why is this important? Because Fannie Mae carries about 70% of the mortgage market.
For more specifics on this law, which requires an inspection every 9 years, go to Civil Code Sec 5551 information
Please contact me if you would like a one-page Guide that summarizes the law.
Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996
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