Tag Archives: ventura deck inspection

David Swedelson’s FAQs/ Article On SB 326 Hits the Nail On It’s Proverbial Head – Let’s Discuss It’s Highlights

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.

So when I read (download David’s full article here https://cdn.lawlytics.com/law-media/uploads/1428/183152/original/3-14-22%20DCS%20FAQs%20Regarding%20SB326-Balcony%20Bill%20.pdf?1647385038 I realized that if I wrote what I wanted to it would mimic David’s article and opinions…and although I’ve heard plagiarism is the sincerest form of flattery, David is an attorney and I am not dumb LOL…so I present his work with David’s permission and a link back to the firms website. Download it, print it and then follow along…

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.

Bill Leys Has Been Inspecting Decks Since 2005, and Has Been A Leader In The Deck Inspection Field Since

After a boroscope camera saw some damage, full destructive testing reveals the horror show lying hidden away, a collapse waiting to happen; that could have happened without a deck inspection.
Photo courtesy of American Restore, Inc.

As the owner of William Leys Waterproofing Consultants LLC, I’ve been a proponent of doing deck inspections for a very long time. Deck collapses have been happening long before the shocking Berkeley deck collapse that left 6 dead and 7 severely injured on the sidewalk below and they continue with alarming frequency today.

With SB-326 in place, it is important to find the right inspector for your HOA. There are a lot of new inspection companies that have popped up with dubious track records and many have conflicts of interests by also owning a waterproofing company that can just happen to give you a bid… and there are the established firms like William Leys Waterproofing Consultants LLC that have been doing deck inspections, forensics and construction defect investigations for years and have no conflicts of interest because we don’t bid for any repair work that we may discover.

In 2006 I presented a Powerpoint presentation on decks at the Association of Professional Reserve Advisors (APRA) annual symposium in Rancho Mirage. It was there that an HOA manager approached me about doing deck inspections for his client Associations. My first deck inspection was Montecito HOA in Walnut Creek, an Apartment to Condo conversion. That inspection found numerous defects and deficiencies on the balconies.

From there my inspection business took off and I have been inspecting decks and balconies on buildings all over California for 16 years now. We are recommended by HOA management firms, Reserve Study companies such as CACM Services in Long Beach, B&W Management in Arroyo Grande and Facilities Advisors International LLC.

Read our reviews from over the years I’ve been doing inspections here- Reviews & Recommendations and you’ll see the same consistent theme, how our expertise made a difference.

Put our expertise to work for your Association today, starting with a free SB-326 EEE evaluation of your property. We’ll calculate what EEE’s need to be inspected and give you a free proposal for the work. I think you’ll find our pricing competitive and our work exceptional. Email Bill Leys at LeysWaterproofingConsultants@gmail.com today to get started.

There’s No Word More Dangerous To Your Reserve Account Than “Free”

Accurate?

For an HOA’s reserve accounts there is no word that could be possibly any more dangerous than the word free. Board members hear that word and everything else becomes a dull roar.

“Well they said they were going to do a free inspection if we contracted for the work and we know we have work to do anyway so we may as well kill two birds with one stone.” Well not an actual quote but close enough to what I’ve been told a couple times. My response has been simply there is no such thing as free.

First question is are they inspecting with a structural engineer or an architect on stage 1? If not then the report is not valid if it’s robo stamped.

Second question Is aren’t you supposed to get three bids for the repairs? Why are you not following the CC&Rs that require three bids on any capital expenditures?

Last question is do you really think that you were getting the best price on the repair work? Reality is is they have found an easy mark and are ready to separate your HOA from its money.

Don’t fall for free. You get exactly what you pay for. The experts at William Leys Waterproofing Consultants LLC Do not give away their services for free but we also don’t contract for any work. We work in the association’s best interests and ensure that your money is spent well on repairs that are necessary. With our no conflict of interest guarantee you know that we are working for you and will advise you to the best of our ability with the knowledge that we have so that you can make the best decisions for your association.

Call us today at 805-801-2380 or go to the contact box to the left and send us a message.

William Leys Waterproofing Consultants LLC Joins Community Associations Institute Channel Islands Chapter

We Are Now A Member

William Leys Waterproofing Consultants LLC is pleased to announce that the firm has joined the Channel Islands Chapter of CAI.

We are pleased to be a member and offer our SB-326 Balcony Inspection services, along with roof consulting, below grade waterproofing consulting and expert witness and construction defect investigations.

Member managers and Board members can look forward to having a company that can provide competitive bids, waterproofing expertise and absolute integrity in it’s interactions with clients, contractors, competing vendors and the general public. Look for us at upcoming Channel Island Chapter events, I’ll be posting dates/times and places of where and when we’ll be there.

Do you need a balcony inspection? Reach out today and request your free EEE evaluation and quote. We have partnered with a structural engineer and can provide your Association with a report that meets and exceeds the SB-326 Balcony inspection requirements.

Visit us at www.SB326Inspector.com to learn more

A Discussion on The Misinformation and “Selling By Fear” Tactics of Some SB-326 Inspection Companies

The SB-326 Balcony Bill is ripe for scammers and less than ethical people to take advantage of. A “Sell By Fear” sales tactic has emerged and Boards and their managers may succumb to the pressure.

There is a lot of misinformation being spread about regarding the SB-326 Balcony Bill.

As an independent balcony inspection firm, we have seen this everywhere we go. I see misinformation being spread mostly by inspectors who are not independent inspection firms. Instead these inspectors have a primary interest in feeding their main business of construction repairs and waterproofing work. They operate by doing inspections at cut rate prices, luring in their mark by saying the inspection is free if we do the repairs, or “mail in rebate” or some other tactic to get you to bite. Then they fear sell you a job you don’t need. “All the decks need to be replaced because they don’t meet current code” and if you balk they say they will need to report this to the law and that the fines are tremendous for not complying. Fear sells. For enormous profits for the company and enormous commission for the salesman.

William Leys Waterproofing Consultants LLC does not have any conflicts of interests; we do not bid for repair work, we have no interest in any construction or waterproofing companies, or in any deck coating materials manufacturer’s or related industries.  We won’t let you get taken to the cleaners. We are your agent. We provide you data and information for a fee that allows you to make good business decisions.

You are quite aware of the bill and its provisions so I won’t go deeply into the bill.  

The bill requires inspections of the EEE’s in condominium complexes with 3 or more units. 

The bill requires inspections of Exterior Elevated Elements more than 6’  off the ground. EEE’s consist of stairs, walkways, landings, decks and balconies and railings that extend past the building line.

In my opinion, if it could even be slightly interpreted that your deck qualifies as an EEE, it must be inspected. My belief is that it’s better to err on the side of caution than defend a lawsuit that asks why you didn’t inspect the decks because somehow it collapsed and someone was injured or killed. 

As an inspector, we follow the balcony bill in defining repairs. SB-326 defines the two types of repairs that may need to be done- Non Emergency repairs and emergency repairs. A clear sign that you may be the victim of a scam is when the inspector tells you that you “Have to fix/replace your decks” without also declaring in his report that the decks are “emergency repairs”. If they do declare them as emergency repairs, then a on site meeting should be arranged so the inspector can show your Board the exact problems he’s found.

An emergency repair is defined as a repair that must be done ASAP because structural elements (framing) have been inspected by a structural engineer, and in his/her opinion presents an immediate danger and may place occupants and the building at risk if the balcony should suddenly fail. This type of repair must be reported to the governing building agency (County or City) over the property. Temporary shoring may need to be employed until permanent repairs can be made and the deck closed to further use until it is fixed and the building permit is signed off by the building official. The Board of Directors must act expeditiously to protect the Associations assets and protect life by proceeding with repairs as as soon as possible.  

Non emergency repairs are the second type of repair. Non-emergency repairs can be made at the discretion of the Board on its own timeline. A non-emergency repair might be replacing drip edge flashings and coatings at the edge that are deteriorating, or patching cracks in the deck coating that are non-structural in nature. 

RESERVES & LIFE SPANS OF COMPONENTS

I was an HOA manager, holding a CAI “Certified Manager of Community Associations” designation while actively managing HOAs. I have a strong understanding of reserve studies and their purpose. 

Reserve studies list the components of a building (common area and exclusive use common area)-roofs, siding, gutters, decks and balconies etc that the Association is obligated to maintain, repair and eventually replace. A reserve study assigns a maintenance schedule for each component and an end of useful life date where the component needs to be replaced. 

Reserve studies are generally considered  to be “educated guestimating” as many different factors can affect a components useful life span. For decks, the average lifespan is 20-30 years for a deck coating system to wear out and need to be replaced. However, I have seen 50 year old deck systems still performing because they have been maintained and repaired and they are mostly out of the elements-sun and rain being their main adversaries. I have also seen deck systems that only lasted 10-12 years when they were expected to last 25 years, but failed due to lack of maintenance and repairs and severe exposure to pedestrian traffic use and weather. 

However, just because a component is at the end of its useful life by the reserve studies estimate,  doesn’t necessarily mean that’s it, it’s over and we need to replace the decks immediately. Rather, WLWC LLC recommends that the prudent approach to take is this; have an expert inspect the component(s) and determine if that component is still functioning as expected. If it is performing as expected, the reserved study should be updated to provide for an inspection of the components at a future date. Perhaps a deck should be reinspected in 2 year cycles.  If it isn’t functioning as expected, can it be repaired to restore its functionality? If the answer is yes, the solution is to fix it and continue inspections periodically. 

In the meantime, the contributions to the reserve account continue to accumulate and when the deck does finally reach the end of it’s useful life, there should be excess money for the repairs.    

Conclusion- There are a lot of choices out there in the balcony inspection industry and some of them aren’t as a good a choice as others. At William Leys Waterproofing Consultants LLC, we know that we are only going to succeed by grounding our principles into just a few words-no conflicts of interest. That’s it.

We don’t have any ownership in any waterproofing companies, or a construction company, no interest in any materials we may specify, nothing. We make recommendations on products and company’s based on our experience in the industry and because we are not going to compromise when it comes to SB-326 and it’s importance and the gravity of why this bill exists.

If that works for you, contact us today. We specialize in working with smaller HOA’s for an affordable price.

Destructive Testing Reveals The Reason Why The Stucco Soffit is Cracking

A client of William Leys Waterproofing Consultants LLC has a problem with stucco under their balconies. The stucco is cracking on the outside edge of the soffit (the ceiling under the deck). Several residents were reporting that when it rained water would come out of the cracks.

The Board of Directors sought a waterproofing consultant to assist in finding out why their stucco was cracking and leaking water. They thought the source of the water intrusion was from the decks. After a search they found us and retained us to perform some destructive testing and investigate the source and reason for the cracking.

We started by making visual observations of the decks and surrounding building materials. We observed the cracked stucco under the soffits, we observed the decks and we observed the exterior walls of the balcony and the walls adjacent to the balcony.

Cracked stucco soffit and water stains.
Architectural styrofoam bullnose detail is cracking where it meets the wall. Note the efflorescence on the wall below.

Our observations found the soffits were indeed cracked and stained from water. We observed that the exterior walls surrounding the balconies also had cracks, and that a foam architectural bullnose detail was cracking where it joined the wall.

Firing up our grinder with a diamond blade to cut through the stucco, we found rusted stucco diamond lath. Stucco lath gives the stucco something to grip to.

Rusted lath under the stucco affirms water is leaking into the soffit, but from where?

We peeled back more stucco, exposing the structural beam at the outside edge. The beam had no damage to it at the two locations we opened.

Nice and dry and free of any signs of water intrusion.

Next we opened up the foam bullnose on the wall surrounding the deck. Here we found the apparent problem. The stucco behind the bullnose has large cracks in it. In the corner we found a large hole in the stucco with rotted wood behind it.

Behind the foam bullnose, a large crack exists.
Our 6″ long awl meets no resistance where wood framing should be.

Pending further destructive testing by a contractor, our initial conclusion is that the foam bullnose and cracked stucco behind it is the source of the water getting into the stucco soffits of the balconies. Now we just need to follow the waters path down the building and see if structural damage is occurring inside the walls.

If your stucco covered building has cracks in it, water coming out of soffits, if you suspect leaks, we encourage you to seek the help of the experts at William Leys Waterproofing Consultants LLC. We are uniquely qualified to investigate your building envelope problems and come up with solutions to fix them. As former contractors we understand waterproofing and building envelopes like few others do. As a former HOA manager you also get someone uniquely qualified and understanding of HOAs and their needs.

Call today for a discussion on how we might be able to help you. 805-801-2380 You won’t get just anyone answering the phone, you get me, Bill Leys, the owner of the firm.

Our Promise To Our Clients-No Conflicts of Interest When it Comes To SB-326 Balcony Inspections Under Civil Code 5551

We Find the Leaks Because Our Experience Tells Us Where the Leaks Are

We know that there are companies out there, owned by a waterproofing company or a general contractor, that suddenly opened up a “deck inspection company” after the balcony bill became law, in order to feed their real business-contracting. I won’t name names, however I invite you to copy and paste the following into a word document, print it out and ask any competing bidders to sign this No Conflicts of Interest pledge.

if you are my customer, you get this pledge from me. Ethical inspectors should only be working for their client and not have any hidden agenda’s. To that end, all of our proposals will have this signed certification and promise from us.

AFFIDAVIT OF NO CONFLICTS OF INTEREST

On the HOA/Apartment Community property being inspected at: ____________________________________________________________

I, _______William Leys__________ affirm and attest that I and others associated with my firm:

  1. Shall not provide a bid to repair any adverse conditions noted in our report
  2. Have no direct or indirect financial interest in the building materials that may be specified
  3. Do not receive financial benefits from contractors that may perform any work specified by us; and
  4. Will not accept compensation or benefits from any party except you my client for services pertaining to this inspection.

As an ethical professional I certify in writing that:

Our Only Obligation Is to You,  the Client

Inspectors shall conduct themselves in a fashion which brings credit to themselves, their employers and their profession. In addition to upholding the behavioral standards described above, an inspector/consultant

  1. Shall preserve the confidence of his/her client or employer and serve each in a professional and competent manner.
  1. Shall exercise unprejudiced and unbiased judgment and conduct when performing all professional services and inspections;
  1. Shall practice only in his/her area of competence;

IV. Shall decline any activity or employment, avoid any significant financial or other interest, and decline any contribution if it would reasonably appear that such activity, employment, interest,     or contribution could compromise his or her professional judgment or conduct, or prevent him/her from serving the best interest of his/her client or employer, without making full disclosure to the client and obtaining the client’s consent thereto;

  1. Shall neither offer nor make any payment or gift to any public official, private client or industry representative with the intent of influencing that person’s judgment or decision in connection with an existing or prospective inspection/consultation I am interested in; and

By submission of this Affidavit, I affirm the above are true and accurate statements.

William Leys

Signature

Does your SB 326 deck inspector measure up? If they won’t sign this Declaration of No Conflicts of Interest, that might be a warning sign. Other warning signs are their contract has a clause that has a $10,000 penalty if anyone in the HOA writes a negative review, or if you see an ad that says “free with mail in rebate”.

I invite you to experience William Leys Waterproofing Consultants LLC’s personal service, expertise and guarantee of no conflicts of interest. I’m Bill Leys and I put my name on the company and it’s my reputation. I’ve partnered with a top rated structural engineer and can provide you with a balcony inspection report that is better than my worthy competitors and far far better than the wanna be inspectors.

Remember, there’s no such thing as a “free inspection if you contract with us to fix your decks”. It’s called a ruse. They lure you in with BS that is designed to make you feel like you are getting a deal and pack on the costs on the other side.

With William Leys Waterproofing Consultants LLC, your SB 326 balcony inspection under Civil Code 5551 is guaranteed to be free of conflicts of interest-you as the HOA are our only client. Call me now at 805-801-2380.

Thank you, Bill Leys

How Does an SB-326 Balcony Inspection Report Benefit Your Association?

THIS IS A VERY DANGEROUS DECK, SOMEONE HAS “SISTERED” NEW JOISTS ONTO THE CANTILEVERED JOISTS THAT WERE CUT BACK.

There are many benefits for your Association by performing a balcony inspection under SB-326, Civil Code 5551. In this post I’ll list a few of the most important benefits.

1.) Our SB-326 reports can help you in showing that your Association is Fannie Mae compliant which assure banks they aren’t making risky loans where deferred maintenance is a problem. Fannie Mae is looking at halting funding on high risk buildings with significant deferred maintenance.

2.) Our reports are preferred by Reserve Study companies as they contain detailed information on the decks and contiguous building materials condition. This allows your reserve study provider to be far more accurate in predicting remaining useable life and replacement costs. We are recommended regularly by Reserve Advisors Inc and other well known reserve study companies.

3.) Your insurance carrier is going to be happier knowing that your Associations decks, balconies, stairs and walkways are safe, waterproof and performing as expected. We’re seeing carriers doing their own inspections, and sometimes refusing to write a policy or the new premium is significantly higher because of increased risk. Our report can help you assure your carrier that the EEE’s are structurally sound.

4.) Your residents will be happier knowing that their balconies are safe and ready for enjoying.

When it comes to selecting a company that performs SB-326 balcony inspections under Civil Code 5551, there are a lot of choices. I hope that you’ll consider William Leys Waterproofing Consultants, as your SB-326 balcony inspection experts to perform your inspection. You can start by giving me a call at 805-801-2380 and asking me to do a free no obligation EEE evaluation of your HOA. (EEE stands for Exterior Elevated Elements. ) Or fill in the contact box to the left and fill in your info and hit send.

With William Leys Waterproofing Consultants LLC as your balcony inspection expert, you’ll be in good hands, I promise. I have 20 years experience as a contractor, inspector and technical rep in the waterproofing industry. My structural engineer has 20+ years experience performing inspections and designing structural elements on multi-family housing. Together we make the best team working for your Association.

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