We are proud to announce our affiliation with CAI’s Coachella Valley chapter. We look forward to serving the Coachella Valley areas HOAs with our SB 326 Balcony Inspection and roof and waterproofing consulting services.
Bill Leys, president of William Leys Waterproofing Consultants LLC said “I’m looking forward to helping HOAs with their balcony inspections as our main focus, and bringing our No Conflicts of Interest guarantee to the valley. We recognize that many HOAs are in need of inspections by a company that only works for their interests.”
If your Coachella Valley HOA needs a balcony inspection, please get in touch with us at 805-801-2380 or by email at leyswaterproofingconsultants@gmail.com
Bill Leys has been a waterproofing contractor for over 15 years and is recognized nationwide as an expert on deck waterproofing. Bill testified at CA Senate hearings when the balcony bills were being written and brought attention to the problems HOAs have with their decks and balconies.
We look forward to serving the Valley and bringing our expertise to managers and HOAs.
We recently acquired a FLIR Thermal Camera/Moisture meter for our toolbox, and it didn’t take long to put it to work. A client suffered from water leaks in 3 sets of casement windows and at a sliding door on his 1 1/2 year old home during the storms in January.
Our FLIR Thermal Camera in action. Cooler temps show up as blue, warmer temps show up as white/grey. There is either no insulation in the wall or it is wet.
We took this unfortunate problem as an opportunity to use our Thermal Camera to “see” what the problems might be. It appears, pending further testing, that the window areas and walls where the 6 leaky windows were reported, have moisture in the walls. To confirm the results, we took the image below of a window/wall without any reported leakage.
Thermal image shows white/grey walls which in thermal language is a warmer temp, indicating that the wall is dry.
Using a thermal camera can quickly find and pinpoint where leaks may be hiding; and verifying it with destructive testing on the exterior will be the next step.
When it comes to leak detection and investigation, the experts at William Leys Waterproofing Consultants LLC can help you find the leak, identify the source and write a report for use in getting repairs made by your builder.
Don’t go it alone, the builder wants to spend as little as possible on “go-backs” and repairs, and your home and your family’s health may be at risk-mold, mildew, fungus infestations happen quickly.
Call us today if you are experiencing leaks, moldy odors and bad faith builders who seem to be brushing you off. We have experience investigating leaks and testifying in depositions and acting as expert waterproofing experts.
After much internal debate inside my head over whether I should publish a copy of our Waterproofing Report here, I’ve decided to. Much of that debate was should I protect our report from our peers and competitors? Part of me said yes, I should protect it, but the better part of me said, no publish it and let it be seen.
Another happy client
First, I want potential clients to be able to see it, how do I do that? By publishing the sample…Second reason to publish it is to share what I’m doing in an effort to bring transparency and education to the industry. With feedback and peer review, we can all get better at saving lives through better inspection techniques, methods of reporting and improving at every opportunity.
To potential clients, please take a look and read a sample supplemental waterproofing report to our Structural Engineers SB 326 structural report. (The SE’s report is not included in this download.) If you like what you see (and I am regularly updating the template to improve it even more) then get in touch for your free EEE evaluation on your HOA.
To my peers and friends, take a look and see what you think. Send me feedback if you care to. The common goal is to never let Berkeley happen again. Feel free to use anything you see. Adopt it into your reporting. If we can help each other our industry benefits and so do our clients.
We wanted to share a few comments we’ve received this month from several clients and peers that we are working with on various projects…
We don’t ask or solicit anyone to complement us, feeling that’s a little pretentious. We simply work as hard as we can for our clients and with our peers, believing that having a good team in place with clients who appreciate what we do is the key to their projects success.
We specialize in working with HOA’s and building owners who have water intrusion issues and want to get them fixed.
Send us an inquiry using the form on the left side of your screen or call us at 805-801-2380. We look forward to helping you solve your waterproofing issues.
I was going to write an article on SB 326 and discuss the bill and it’s intricacies, although not as a lawyer, because I’m not one and I can’t give legal advice-except to advise you to get legal advice…and so while I’m researching and of course reading other experts articles, opinions etc, I came across one article that stood out from the rest. It was written by David Swedelson.
David Swedelson of Swedleson & Gottlieb LLC is located in Los Angeles CA. David and the firm he is a partner in do a lot of HOA related law work and I’ve known him for nearly 18 years as member/vendors of CAI Channel Islands Chapter. David is passionate about the HOA industry and laws governing the industry. He wrote what I’d basically write-an unvarnished opinion that hits all the issues in the bill and addresses the problems a Board/Association could face if they don’t get their inspections done.
Lets look at some points David makes; On pages 2-3 of the article, David points out the fact that some balconies/walkways may be exempt from needing to be inspected. This is absolutely true; however, as David points out, just because a deck is over living space doesn’t mean it and the railing assembly shouldn’t be inspected. We agree, inspect even if it’s not “required” to be inspected. Decks over living spaces are roofs first, and therefore generally the HOA’s responsibility to maintain, repair and replace. Inspections form the basis for maintenance to ensure building components reach their maximum life expectancy. And inspections cost far less than defending lawsuits if something was to happen.
Under “Who Can Make The Required EEE Inspections” on page 3, David is again totally correct saying that inspections MUST BE MADE BY A LICENSED STRUCTURAL ENGINEER OR ARCHITECT and while a contractor may be involved in the inspection process opening up areas for inspection, a licensed contractor is NOT qualified to make these inspections. Further David cites an example that we see happening all the time, contractors telling associations that they will do the inspections and have their inspections signed off by a licensed architect or structural engineer. YES, YES and YES. I have heard of a civil engineer who has been caught signing an SB 326 report. So Associations need to be very careful with whom they have do their inspections with. We as professional SB 326 inspectors work with, and our reports are appended to the Structural Engineers stamped report. We guarantee in writing that we have no conflicts of interest.
On page 4 David addresses an important point under “What Happens If The Expert Finds Dry Rot Or Other Conditions Affecting The Structural Integrity Of The EEE?” Again, David is correct in saying that the inspector must send a copy of the report to the local code enforcement agency within 15 days of completion of the report. If there are structural defects that presents a hazardous condition, or even a hint of a hazardous condition, the structural engineer isn’t going to say well maybe it won’t collapse; no they are going to default to it’s hazardous and needs immediate attention. Why? Surfside. If you don’t know look it up.
David is correct on the dollar figures and as the deadline looms, experts will get booked up. What he doesn’t mention though is that this will be the time when grifters take full advantage of desperate Associations who are trying to meet the deadline for inspections.
On page 5 of David’s FAQ’s “What If A Board Fails To Comply With The New Balcony Inspection Law?”, David’s points are pointed. There could be a lack of coverage for the Board if an inspection didn’t get done, someone gets injured and sues.
David cites several relevant cases where that happened, and so the judicial deference rule will not protect Boards under all circumstances. Probably not something you as an Association want to be the example on…
All in all, the issues David brings up, the examples etc, all show how important it is for HOA’s to get started sooner rather than later-2025 is 2 years away; far but not that far. It’s going to get busier and busier for balcony inspection companies, and that’s not something that can be changed quickly. There’s only so many us professional and ethical balcony inspection companies and we can only do so many inspections. They take time and so do reports.
Call us today for a free EEE evaluation at your HOA, and take David Swedelson’s words with you as you seek to get your inspections done. We’re at 805-801-2380 or email us through the contact box on the left side of the screen.
Is your building envelope healthy and thriving? Or is your building envelope suffering from the constant assaults by Mother Nature, wear and tear, neglect and age? Property Condition Assessments are the official name for what we term a Building Wellness Exam. With our Building Wellness Exam, you’ll know how your building envelope’s health is doing. What is a building envelope you might ask? Simply put, a building envelope consists of the various waterproofing and water resistant products that keep your buildings dry and habitable.
Inspections form the basis for proper mainatennce and repairs. We find the small problems before they become big problems. Leaking garages can led to major structural issues. Cost to repair, 3k, cost to replace, 10-12k. This could be a life safety issue. Owner Bill Leys has over 20 years of on the job experience!
Roofs, siding, decks etc are all part of a building envelope. Separate items, they must all work together to shed water away and out of a building. If they don’t work together, or if they aren’t maintained, repaired and replaced when necessary, failures can cause massive problems at massive costs to repair.
Our Building Wellness Checkups, based on ASTM E2018-15, Standard Guide for Property Condition Assessments, don’t cost a lot but they can save you a lot of money and trouble by getting your building maintenance issues under control. Learn more at our new web page here and get started today to keep your buildings healthy! Call us or send us a message using our contact form on the left side of the page.
“Don’t you love farce? My fault, I fear I thought that you’d want what I want Sorry, my dear! But where are the clowns Send in the clowns Don’t bother, they’re here…” (lyrics by Stephen Sondheim)
I have noticed more and more deck waterproofing and general contracting companies that are suddenly becoming SB 326 balcony inspectors. They try to disguise themselves as balcony inspectors, but the giveaway as to what their true intentions are obvious when you start looking at their websites and offerings…
I see one company in Los Angeles that advertises 50% off balcony inspections; “savings” are applied to repairs…
I see a deck inspection company in Palm Springs that is owned by the same person who owns a waterproofing company out there…
I see a company in Los Angeles that is named after an African animal that looks like a horse saying that they will start demoing your decks and then have the structural engineer come inspect…
Watch out for clowns!
Currently the industry is under assault by less than ethical contractors who mislead their clients, use illegal contracts, have attorneys on their payroll that enforce illegal contracts and are just seeking to separate you from your reserve accounts.
They hide behind their reports which are written to suit their needs to try to force you to replace perfectly good balconies by saying that their useful life is a year or less. They use scare tactics, high pressure and lawyers that have the ethics of cockroaches.
When sorting the wheat from the chafe in finding a balcony inspector one must be diligent. Do background checks on the company You can use the secretary of state’s business portal to find who owns what, check Yelp and Google reviews, ask for references, check with other HOA managers about their experience. Insist that your balcony inspector sign a no conflict of interest statement. Insist that your balcony inspector has no ownership interest in any waterproofing or contracting company.
We here at William Leys Waterproofing Consultants LLC guarantee that we have no conflicts of interest in owning a waterproofing company, any material manufacturer or have any conflicts of interest that would interfere with putting the HOA’s best interest ahead of ours. Reach out today, we don’t have any clowns here.
Lots of people are confused about the SB 326 balcony bill. Inspectors sometimes are too. We get lots of questions about whether an Association EEE’s must be inspected under the bills inspection requirements.
To make it a little easier we compiled this series of photographs showing what types of EEE’s must be inspected and which are exempt. We hope this helps a bit in understanding.
Do you need an SB 326 deck inspection? Call me, Bill Leys, The Deck Inspector today at 805-801-2380 to discuss and set up an appointment to personally evaluate your Associations EEE’s as to whether they must be inspected or if they are exempt.
Starting with decks ad balconies, here are some examples that need to be inspected….
This is a wood framed cantilevered balcony. It is eligible to be inspected under SB326. This is a stucco covered cantilevered balcony. This is required to be inspected under SB 326. This balcony, even though it only partially extends past the building, is required to be inspected under SB 326 These stacked balconies need to be inspected under the balcony bill
This balcony is extended out and supported by wood framing, it needs to be inspected under SB-326.
This is a cantilevered wood framed balcony; it must be inspected under SB 326.
There’s actually 3 balconies here that must be inspected under SB 326.
This type pf balcony is eligible for inspection under SB 326. Only 3 walls support it, where 4 are required to exempt the balcony from inspection.
Next are examples of stairs and landings that need to be inspected, with one example of steel stairs that don’t need to be inspected (but the connection of them to the wood framing does need to be inspected).
So here we have concrete stairs attached to wood framing. The stairs need to be inspected under SB 326. Often times we will find dry-rot starting in the bottom where the wood contacts the concrete.
Here is a wood framed landing 6′ or more off the ground. This is eligible for inspection under SB 326. Note that the stairs are concrete with steel framing. These do not need to be inspected, but the connection too the wood framing does need to be inspected. These stairs are required to be inspected under SB 326.
Walkways supported by wood framing need to be inspected, such as these examples.
Walkways like these need to be inspected under the SB 326 balcony bill
The walkways shown here are required to be inspected under SB 326.
So what type of deck/balcony/stair or walkway doesn’t need to be inspected? Anything that is less than 6′ high off the ground (don’t be surprised though is it’s 5′ off the ground and we want to inspect it), made of concrete or steel. And any deck supported by 4 walls like this one below. A solid wall (no columns) must support the deck all the way around for it to be exempt.
This balcony is supported by 4 walls and is therefore exempt from the bill. We still suggest that the railings be inspected.
This balcony on the other hand does need to be inspected despite it being recessed in and under a roof, as it is not supported by four walls like the balcony shown above. It is supported by framing across the lower opening (which is a patio on the first floor).
This pictorial is not meant to be exhaustive; if you aren’t sure after looking through our pictures, give a call or fill out our contact form. Sending us some pictures always helps too! We are here to help and guide you through the SB 326 process.
We’ve seen a lot of hype over balcony inspection vents here in California. This new product is the result of the SB 326 & SB 721 Balcony Inspection bills that were passed after the deaths of 7 young adults and severe injuries to 6 who survived the collapse of a balcony in Berkeley in 2015.
Essentially balcony inspection vents allow one to easily inspect the interior cavities of a deck enclosed underneath in stucco or other materials. Balcony inspection vents are designed to be installed in a retrofit fashion or on new construction across the bays on a deck. Most are set up with a piano hinge that allows the vent to be opened and the joists and substrate can be observed. Several other less expensive types require the vent to be pulled down after removing several screws.
SB 800 allows for condos to file claims for construction defects within 10 years of completion of the buildings. SB 326 adds additional language that strengthens some of that Bill and improves upon it. While condos may want to pursue construction defect claims, they may want to postpone their Balcony inspection if they suspect they have defects. Why?
Simply because the balcony inspection report becomes part of the association’s records for a minimum of 9 years and is part of the reserve study. A report showing numerous deficiencies may be a red flag to buyers, your insurance company and could cause unintended problems.
One attorney I know recommends pre-inspections of the EEEs and inspections of the building envelope in general. “I strongly recommend a pre-inspection. Open 2 or 3 locations and if there are issues,do repairs first. That way the report isn’t a surprise (and protects property values) and if the project is under 10 years old, the builder pays for inspections and repairs.” We concur and so we offer our clients pre SB326 inspections of EEE’s that are suspected of having damage/ defects.
We will open up several decks/ balconies for inspection of the structural elements. If there are damages and repairs are necessary then the beginning of an SB 800 claim can be started with the developer/builder. At the time of opening the decks and balconies we will document all conditions prior to destructive testing starting and then document while removing materials and exposing structural elements. Items removed will be documented, logged in and retained for evidence in our secure storage location. We will then issue a report to the Board on our findings.
As a structural engineer is not involved at this point and the number of elements that are being opened are limited, the cost to do this is much lower than a SB 326 stage 2 inspection would be.
If you would like a proposal for a Pre-SB326 Inspection, contact us today for a quote.
SB-326 Balcony inspection, roofing & waterproofing consultants specializing in working with HOA's.
California's SB 326 Balcony Inspection Experts 