Common interest developments: association records: exterior elevated elements inspection.

Plain English Breakdown

The official source material does not provide specific details on the timing of when new requirements must take effect after enactment.

Building Inspections for Condominiums

This law updates the requirements for condominium associations to inspect and report on exterior elevated elements in buildings with three or more attached units, ensuring that inspection reports include specific details and are made available to members and prospective buyers.

What This Bill Does

• Requires inspectors to provide a written report containing information about the total number of units in the project and certifying that they have inspected a statistically significant sample of exterior elevated elements.
• Applies these requirements to buildings with three or more attached multifamily dwelling units.
• Includes recent inspection reports as part of the documents required to be provided by owners selling their condo unit to prospective buyers.
• Adds inspector’s reports to the list of association records that must be available for member inspection and copying.

Who It Names or Affects

• Condominium association boards and inspectors who check building parts.
• Owners selling their units in condominium projects with three or more attached units.
• Prospective buyers looking at purchasing a unit in these buildings.

Terms To Know

statistically significant sample

A large enough group of items to be checked so that the results can accurately represent all similar items.

association records

Documents and information kept by a condominium association, including financial statements and inspection reports.

Limits and Unknowns

• The bill does not specify how long after enactment the new requirements must be in place.
• It is unclear if there are any penalties for failing to comply with these new rules.

Official Summary Text

SB 410, Grayson.
Common interest developments: association records: exterior elevated elements inspection.
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law requires the board of an association of a condominium project to cause a visual inspection to be conducted, at least every 9 years, of the exterior elevated elements for which the association has maintenance or repair responsibility. Existing law requires an inspector to perform the visual inspection described above, as specified, and to issue a written report containing certain information, including recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system, as those terms are defined. Existing law limits the above-described provisions related to exterior elevated element inspections to buildings containing 3 or more multifamily dwelling units. Existing law requires the
owner of a separate interest, as defined, to provide specified documents to a prospective purchaser, as provided, and an association, as defined, to provide to the owner of a separate interest, upon request, those specified documents. Existing law requires an association to distinguish and bill separately any fee charged for providing those specified documents to a separate interest owner and provides a form for billing disclosures, as provided.
This bill would, in addition, require the above-described inspector’s report to contain certain information, including the total number of units in the condominium project, as prescribed, and a certification that the inspector has conducted a visual inspection and evaluated a statistically significant sample, as defined, of the exterior elevated elements within the condominium project. The bill would, instead, apply the above-described provisions related to exterior elevated element inspections to buildings containing 3 or
more attached multifamily dwelling units. The bill would include in the list of documents that a separate interest owner is required to provide to a prospective purchaser a copy of the report issued pursuant to the most recent inspection of any exterior elevated elements, as provided, and would modify the above-described form to reflect this requirement.
Existing law requires an association to make association records available for inspection and copying by a member of the association or the member’s designated representative, as specified. Existing law defines the term association records for this purpose to include, among other things, any financial document or statement required to be provided pursuant to certain provisions governing the prospective purchase of a separate interest, as described above. Existing law provides specified time periods for member inspection of certain association records, including those described above, and generally requires any
association records from the current fiscal year and the prior 2 fiscal years to be available for inspection, except as provided.
This bill would include in the definition of association records the above-described inspector’s reports and would require those reports to be available for member inspection for 2 inspection cycles, as provided.

Current Bill Text

Download Bill PDF