The Miller Law Firm Sheds Light on the New Condo "Deck Bill" Approved by Governor Newsom

SAN FRANCISCO and LOS ANGELES, Sept. 4, 2019 /PRNewswire/ -- What was an international call for action in response to the devastating Library Gardens deck collapse in Berkeley, is now a matter of California law.  The severe snap of a deck extending off the exterior of a fifth-story residential building in Berkeley in June of 2016 led to a heightened awareness of the danger of serious injury to condo owners everywhere.  In response to this preventable tragedy, State Senator Gerald A. Hill of San Mateo presented Senate Bill 326, which Governor Gavin Newsom approved on Friday.

According to California's leading construction defect attorney Thomas E. Miller, "It was speculated by many experts that this tragedy in Berkeley would never had occurred had this deck been inspected regularly by independent experts.  This Bill brings light to what we see all the time for our clients, which is shoddy construction resulting in deteriorated building elements.  Condo owners should be able to rest better knowing these new requirements are now in action."

Senate Bill 326 requires California homeowners associations with 3 or more units to inspect not just their decks, but all "exterior elevated elements."

The requirements demand such inspections as follows:

• Once, every nine years
• Using a Licensed Structural Engineer or Architect
• To determine if there is an "immediate threat to safety of occupants."
• By January 1, 2025

For brand new construction where building permits are issued after January 1, 2020, the inspections are required no later than 6 years from a certificate of occupancy. 

"While these new inspection requirements initially seem onerous, it is what we do every single day for condo association boards of directors.  HOA Boards want to rely on counsel and independent experts to ensure the safety of their communities," states Rachel Miller, Senior Partner of The Miller Law Firm.  "For those associations under 10 years old, the original builder and its insurance are responsible for any repair costs."

For more detailed information on the inspection requirements, contact Senior Partner
Rachel Miller at The Miller Law Firm: (415) 437-1800; [email protected].

SOURCE The Miller Law Firm