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EXTERIOR ELEVATED ELEMENTS INSPECTIONS (Balconies & Stairs)

  Funding Balcony Inspections and Repairs.

Elevated Element Inspections Required


Beginning January 1, 2020, condominium developments with three or more units per building must inspect elevated load-bearing structures supported substantially by wood. (Civ. Code § 5551(l).) The inspector must submit a report to the board, providing the structures' physical condition, remaining useful life, and associated waterproofing systems. The statute does not change who is responsible for maintaining, repairing, and replacing balconies or other elevated structures. It imposes inspection and repair obligations on HOAs regarding balconies and/or elevated structures that associations must repair and replace. Inspectors will be looking primarily for dry rot and termite damage.

Balcony dry rot for Davis-Stirling inspections. Dry Rot Damage. The term "dry rot" is a misnomer. Wood does not rot when it is dry. For decay to occur, moisture must be present for fungi to feed on wood. Like viruses and bacteria, fungal spores are microscopic and travel through the air. The spores act as seeds that grow when they land on moist wood products. They feed on the wood's cellulose when they plant themselves into wood. Cellulose is what gives wood its strength. As the fungi consume cellulose, the wood weakens. Fungi (like termites) spread throughout a structure as they feed on wood. As a result, dry rot can be difficult to treat. To stop the destruction, all decayed wood and fungi must be removed. The longer it goes untreated, the weaker the wood becomes until it collapses without warning.

Condominiums Subject to Inspections


The inspection requirement does not apply to planned developments but only to elevated structures in condominium developments. (Civ. Code § 5551(b)(1).)

Townhouse Balconies. A townhouse is a form of construction, not a form of ownership. A townhouse can be defined as a condominium or a separate interest in a planned development. If the townhouse is a condominium, the responsibility for balconies will depend on how a condominium unit is defined. If the unit's boundaries are the unfinished surfaces of the interior walls, ceilings, and floors, the townhouse structure is owned in common by the membership. That makes the association responsible for repairing and replacing the structure unless the CC&Rs clearly state otherwise. (Civ. Code § 4775.) If a unit's boundaries are defined as extending to the exterior surfaces of the townhouse, the structure becomes part of the unit and is the homeowner's responsibility unless the governing documents state otherwise. NOTE: Boards should have their documents reviewed by legal counsel. If townhouses are defined as a planned development, homeowners own the structure and the lot upon which they were built. That means homeowners are responsible for their balconies.

Stock Coops & Community Apartments. Stock cooperatives and community apartments are both forms of common interest developments governed by the Davis-Stirling Act. Civil Code § 5551(l) states that inspections of elevated wooden structures apply to multi-family structures with three or more units. This would seem to apply to stock co-ops and community apartment projects. However, the statute also seems to limit its requirements to condominium projects. (Civ. Code § 5551(b)(1).) If so, stock cooperatives and community apartments with elevated structures are not required to inspect their structures.

Recommendation. Because of the anomaly in the statute, stock cooperatives, and community apartment projects with multi-family structures with three or more units should get an opinion from legal counsel on how best to proceed. The safer course of action is to inspect and repair elevated structures. Doing so protects residents and minimizes potential litigation and judgments against the association.

Exterior Elevated Elements Defined


Required inspections apply to load-bearing components and associated waterproofing systems. "Load-bearing" means (i) those components that extend beyond the exterior walls of the building to deliver structural loads to the building from decks, balconies, stairways, walkways, and their railings, (ii) that have a walking surface more than six feet above ground level, (iii) that are designed for human occupancy or use, and (iv) are supported in whole or in substantial part by wood or wood-based products. (Civ. Code § 5551(a)(3).)

Cantilevered balconies that require invasive testing. Balconies supported by posts that require invasive testing under the Davis-Stirling Act.
#1 Cantilevered Balconies #2 Balcony on Posts
 
A balcony that does not require invasive testing because it is fully supported by the main structure. A partially cantilevered balcony requires invasive testing under Civil Code 5551.
#3 Balcony over Garage
 
#4 Balcony over Garage
 
Stairwells and landings requires testing as elevated structures under the Davis-Stirling Act.
#5 Stairs & Landings
 
#6 Elevated Walkways
 
#7 Juliette Balcony #8 Highrise Concrete Balconies

#9 Balcony Flush with Building
Thank you to Dennis Brooks
of Design Build Associates for the photos.

Illustrations. On the right side of the screen are examples of different configurations of elevated structures needing inspection.

  1. Cantilevered balconies constructed of wood must be inspected.
  2. Balconies supported by wood posts require inspection.
  3. Balconies supported by the primary structure do not require inspection since they cannot collapse. Balcony railings, however, can give way and should be inspected and included in the association's reserve study.
  4. Balconies partly supported by the structure and partly cantilevered require inspection.
  5. Exterior stairs and landings attached to wood require inspection. (See information about Stair Inspections and Maintenance.)
  6. Elevated walkways supported by wood structures must be inspected.
  7. Juliette balconies are decorative and do not meet inspection requirements. However, they should be inspected if they are attached to wood and a person can lean against them. 
  8. Balconies made entirely of concrete and steel do not require inspection.
  9. Balconies flush with the building. 

NOTE: Elevated structures that do not require inspection under Civil Code § 5551 still require a diligent visual inspection for purposes of an association's 3-year cycle of inspections for their reserve study. This includes concrete balconies.

Balcony Railings


The balcony, walkway, and stair railings must also be inspected to see if they are attached to wood or wood products. Even if a balcony does not extend beyond the exterior walls, the railings could fail, causing severe injuries or death. If the load of the railing transfers to the deck, the deck should be inspected. See photos #3, #7, and #9 as examples where railings and decks should be inspected, even if the balconies do not fall under inspection requirements.

Picture #9. This picture is interesting because the balconies do not extend away from the building. Even though they are flush with the building, each is more than six feet above the one below it. Also, the railings are attached to wood products and could fail, sending someone falling to their death. Arguably, they might not fall under the statute; even so, they should be inspected.

Out of Code Railings. If the railings no longer meet code, i.e., the spacing between bars is more than 4 inches, and the railing height is less than 42 inches, the railings must be brought up to code whenever they are replaced. If the supporting wood is dry rotted, which requires replacement of the railings, they need to be brought up to code. If balconies do not require any repairs, the railings are normally grandfathered. Even so, an association's insurance carrier may require railings on elevated structures (balconies, decks, and walkways) and fences around pools to be brought up to code. 

Waterproofing Systems


Water intrusion into balconies, decks, and other elevated structures is the primary factor causing damage to the wood that supports those structures. It has led to the collapse of many structures around the nation, including the Berkeley balcony that killed six college students and seriously injured seven others. Water intrusion can quickly lead to dry rot and the loss of structural integrity. Without moisture, fungi cannot grow; thus, keeping all waterproofing systems well-maintained is important. That is why the Davis-Stirling Act requires thoroughly inspecting waterproofing components such as flashings, membranes, coatings, and sealants. (Civ. Code § 5551(a)(1).) 

Inspectors, Deadlines, and Inspection Costs


Associations must complete their first inspection before January 1, 2025. Thereafter, elevated structures must be inspected at least once every nine years. (Civ. Code § 5551(b)(1).)

Inspectors. The inspections must be conducted by a licensed structural engineer, architect, or civil engineer. (Civ. Code § 5551(b)(1).) The inspector must inspect a sufficient number of units to provide 95 percent confidence that the results from the sample reflect the whole, with a margin of error of no greater than plus or minus 5 percent. (Civ. Code § 5551(a)(4).) The association's reserve study professional should be notified when the inspection occurs since the result could impact the cost allocations for particular line items in the study.

Borescopes. Inspectors can use the least intrusive method necessary to examine load-bearing components, including visual observation in conjunction with moisture meters, borescopes, and infrared technology. (Civ. Code § 5551(a)(5).)  The advantage of a borescope is that only small holes are drilled into the stucco, which are easily patched. However, it is sometimes difficult for the scope to see signs of water infiltration and framing deterioration. Often, the better approach is to open the underside of balconies so an inspector can easily see the structural elements. Some inspectors use both methods, depending on the particular project and the condition of the structures.

Inspection Costs. The bill requires a 95% confidence level, which will be expensive. Most associations should expect costs in the range of $5,000 to $20,000. The total cost will depend on the number of elevated structures inspected.

Using Reserves. Because inspections are directly related to reserves needed to repair elevated structures and because the definition of "replacement cost" includes related expenses, inspection costs can be included in an association's reserve budget. Using reserves for such purposes would not be deemed a borrowing.

Inspector's Report. The inspector must submit a report to the board of directors specifying the current physical condition and remaining useful life of the load-bearing components and associated waterproofing systems and whether they are an immediate threat to the health and safety of residents. The report must also include recommendations for any necessary repairs. (Civ. Code § 5551(e).) The association must keep the report for at least two inspection cycles (18 years). (Civ. Code § 5551(i).)

Immediate Threat to Safety. If the inspector finds that the exterior elevated element poses an immediate threat to the safety of the occupants, the inspector must submit the report to the board immediately and to the local code enforcement agency within 15 days of completion of the report. The association must take preventive measures immediately upon receiving the report, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency. (Civ. Code § 5551(g).) Local enforcement can force immediate repairs, even if it requires an emergency special assessment

Companies that Inspect Elevated Structures


Contracts prepared by vendors can sometimes be skewed to protect the vendor. This is normal but not particularly beneficial to the association. Before signing any contracts, boards should make sure legal counsel reviews them. Below is a list of companies that perform inspections of elevated structures. The information was sent to us by readers of our newsletter and should not be construed as our endorsement of the performance of any of the companies listed below. Before hiring a company, boards must perform their due diligence and ensure the company is licensed and insured. In addition, boards should have legal counsel review all contracts before signing them. Always check a company's contractor license to ensure it's active: CONTRACTOR LICENSE CHECK.

A7 Group, Inc.
PO Box 235555
Encinitas, CA 92023
(866) 210-2080
Adam Rohrbaugh
[email protected]
www.a7architect.com

A.D. Magellan
432 Vista Village Dr
Vista, CA 92083
(877) 899-5990
Felicia Baker
[email protected]
www.admagellan.com

AWS Consultants
2030 E 4th St, #208D
Santa Ana, CA 92705
(888) 245-6675
Carl Brown
[email protected]
www.awsconsultants.com

Axis Consultants
2544 Barrington Ct
Hayward, CA 94545
(415) 846-2574
Katherine Kim
[email protected]
www.axisconsults.com

B2R Consulting Group
1740 W. Katella Ave, #L
Orange, CA 92867
(714) 744-6100
Any Bradvic
[email protected]
www.b2rconsultinggroup.com

Bergeman Const. Mgmt
11099 La Cienega Blvd, #175
Los Angeles, CA 90045
Randy Beery
(619) 599-6216
[email protected]
www.bergemangroup.com

CL Sigler & Assoc.
521 Charcot Ave, #203
San Jose, CA 95131
74820 Borrego Dr.
Palm Desert 92260
[email protected]
www.siglercm.com

CM Squared, Inc.
39899 Balentine Dr, #200
Newark, CA 94560
(619) 609-1610
Annie Wyland
[email protected]
www.gocm2.com
Design Build Associates
5655 Lindero Cyn Rd, #321
Westlake Village, CA 91362
(818) 889-0402
Dennis Brooks
[email protected]
www.dbuild.com
Focused Inspection Group
1999 S. Bascom Ave, #700
Campbell 95008
333 City Blvd West, #1700
Orange, CA 92868
[email protected]
www.focusedinspections.com

McCormick-JWC
926 S. Andreasen Dr, #108
Escondido, CA 92029
(760) 727-2494
Heather LaHaye
[email protected]
www.mcc-jwc.com

Pacific InterWest
1600 South Main St, #380
Walnut Creek, CA 94596
Marlene Stewart
(925) 939-5500
[email protected]
www.pacificinterwest.com
Rupert Constr. Services
9114 Adams Ave, #340
Huntington Beach, CA 92646
(714) 904-2885
Devin Dial
[email protected]
www.rupertservices.com

SoCal Structural
18000 Studebaker Rd.
Cerritos, CA 90703, Suite 700
213-293-6647 
Jeremy Livermore, SE, PE
[email protected]
www.socalstructural.com

SKS Construction
15134 Frair St.
Van Nuys, CA 91411
(818) 855-1181
Sam Shaolian
[email protected]
www.sksconstruction.com
SMR
1495 Pacific Highway, #400
San Diego, CA 92101
(619) 294-6600
Nydia Parra
[email protected]
www.smr-eng.com
Southern Cross Consultants
4045 Hancock St, #240
San Diego, CA 92110
(858) 395-8657
Matthew Boomhower, AIA
[email protected]
www.SouthernCrossPC.com
Van Sande Consultants
2920 De la Vina Street
Santa Barbara 93105
(805) 963-6901
Carolle Van Sande, CSM
[email protected]
www.vansandestructural.com
Walovich Architects Group
3875 Hopyard Road, Suite 275
Pleasanton, CA 94588
(925) 223-6970
Kristin Frimond
[email protected]
www.walovicharchitectsgroup.com

William Leys Waterproofing
Consultants LLC 
PO Box 14438 
Sam Luis Obispo CA 93406
(805) 801-2380
[email protected] 
www.SB326DeckInspectors.com 

Maintenance & Repairs


Waterproofing membranes will eventually become worn and damaged. Damage occurs naturally from sunlight during the summer and rains in the winter. Problem signs to look for include:

  • bubbling of the deck surface,
  • cracks in the membrane,
  • soft spots in the deck that sag when stepped on,
  • flashing that is pulling away from the wall,
  • water that does not flow to the drains.

Damage to Decks. In addition, owners can cause premature failure by moving heavy items across the surface, such as large plant-filled pots, sharp legs on chairs and tables, etc. Charcoal grills should also be prohibited--in addition to being fire hazards and creating nuisance smoke, any hot coals dropped onto the surface will burn through the waterproofing membrane. Decks should be kept clean since sand and grit, when walked on, will grind into the surface and damage the waterproofing.

Tile Is Not a Waterproofing SystemTile and the grout used to install it are porous. As a result, water will become trapped between these materials and the waterproofing membrane underneath. This will void the waterproofing manufacturer's warranty and accelerate the breakdown of the waterproofing materials. The resultant water seepage into the balcony structure will lead to wood rot and attract termites. Frequently, the damage is undetectable. Sometimes, the first sign of trouble is when the owner walks onto the deck and his/her foot goes through the flooring material. The structural repairs that follow are quite costly.

Drainage. Another problem caused by tile is that it reduces the space between the top of the deck surface and the threshold of the sliding glass door. That means heavy rain that overwhelms balcony drains will quickly spill over the threshold into the owner's unit and the unit below. In addition, tile can cover the weep screed in the stucco, thereby blocking drainage from the walls, which leads to dry rot and mold in the walls.

Recorded Covenant. If owners are allowed to install tile on their balconies, minimum standards need to be established by the board. They must be in writing and made part of the association's Architectural Standards or Rules & Regulations. In addition, the owner should sign a recordable covenant obligating the current owner and all future owners to maintain the balcony deck and any damage that may result.

Liability for Damage


QUESTION: One of the homeowners put huge potted plants on his balcony. If water eventually weakens the balcony, who is responsible for repairing it?

ANSWER: The structural elements of the balcony are almost always the association's responsibility. The only exception I've seen is when the balcony is added to the building by the unit owner (with the association's permission). When that happens, we require the owner to sign a recordable covenant that makes him/her responsible for the repair and maintenance of the balcony structure.

Balcony Surface. Regarding the balcony surface, your governing documents control (assuming they address the issue). If the association is responsible for waterproofing the surface, the board should ensure it keeps everything waterproofed. More often than not, governing documents are unclear or silent on the issue of deck maintenance. In that case, the Davis-Stirling Act resolves the ambiguity by stating that "Unless otherwise provided in the [CC&Rs] . . . the owner of each separate interest is responsible for maintaining . . . any exclusive use common area appurtenant to the separate interest. (Civ. Code § 4775.) That means owners are responsible for maintaining their balcony's waterproofing surface (which is the norm for most associations).

Negligent Maintenance. If an owner tiles the balcony deck or fails to properly maintain the waterproofing, which damages the balcony's structure, the association could hold the owner responsible. Normally, there are provisions in the CC&Rs that allow associations to charge an owner for the cost of repairing damage caused by their negligence. If the CC&Rs are silent, the Davis-Stirling Act allows boards to impose reimbursement special assessments as a monetary charge and collect it through lien and foreclosure (provided the authority to impose a lien is in the governing documents). (Civ. Code § 5725.) Recommendation. Boards should adopt reasonable rules restricting planters and other activities that can damage balconies.

Maintenance Rules


If owners are responsible for maintaining their decks, guidelines need to be written into the association's rules to cover the following items:

  • what to look for when inspecting the decks for damage,
  • how to avoid damage to the waterproofing membrane,
  • how often the deck should be resealed (waterproofing products such as Dexotex require recoating every 5 years--sooner if there is heavy usage or damage from patio furniture, etc.),
  • the kinds of waterproofing systems that are acceptable to the association,
  • prohibited deck systems, such as carpet and tile,
  • deck drain maintenance, and
  • deck to-wall flashing maintenance.

Confusing Maintenance Duties. Association documents routinely assign maintenance duties between owners and the association. Unfortunately, exclusive use common areas are often left out or muddled. For example, in condominium developments, older CC&Rs are vague or silent regarding balconies.

Old Default Provision. To resolve the problem, the Davis-Stirling Act created a default provision that assigned exclusive use maintenance to owners. The Act did not define "maintenance," but everyone previously understood it to include repairs since most dictionaries define it as such.

New Default Provision. Starting January 1, 2017, a new default provision went into effect. Unless an association's CC&Rs state otherwise, owners continue to be responsible for maintaining their exclusive use areas, but the association will be responsible for repairing and replacing them. (Civ. Code § 4775(a)(3).)

Structural Elements. Unless the CC&Rs clearly state otherwise, the structural elements of balconies are the responsibility of the association to repair and replace, even when the balcony is described as part of a unit. This is because the ownership of a condominium balcony is generally defined as airspace bounded by the interior planes of the balcony. Thus, the structure remains common area that the association must repair and replace.

Stair Maintenance. See information about Stair Maintenance

Inspections. To avoid legal problems, associations should should:

  • Adopt maintenance guidelines that clearly define an owner's duties for the waterproofing portion of balconies. Those duties must harmonize with their CC&Rs.
  • Create a Maintenance Chart that clearly defines duties.
  • Amend Your CC&Rs if they are unclear about who maintains the waterproofing elements on your balconies. Each association must decide whether it wants the association to maintain deck coatings or assign that task to owners. That decision must be clearly outlined in the CC&Rs.

Concrete Balconies


Even though the elevated structure statute does not apply to concrete and steel balconies, they should still be inspected and included in an association's reserve study. This includes waterproofing and railings. Concrete is porous, and any water migrating into the structure can cause the reinforcing steel to rust. This causes the metal to expand, which cracks the concrete and leads to spalling (concrete breaking off in fragments). Regular maintenance of the waterproofing can avoid expensive concrete repairs down the road.

Stair Inspections and Maintenance


Reasons for Failure. In most cases, it takes 10 to 20 years for the failure of a stair to occur. Failure is most often due to exposure to rain and sun and accelerated by poor maintenance or poor design. Failure can result in loose stair treads which can lead to falls or water intrusion and dry rotted wood.

Building Codes. Depending on the extent of the repair, associations may be required to bring the stair into compliance with current code. Current code does not allow stairs to be as steep or narrow as they once were.

Definitions. The following definitions apply to stairs.

  • Guardrail: The guardrail is designed to prevent falls from stairs of decks greater than 30 inches above the ground. Current code requires the guardrail to be no less that 42 inches high (it was 36 inches before) and designed to prevent a 4 inch diameter sphere from passing through it (it was 6 inches before). The current code also requires the guardrail to be strong enough to resist a 200 pound load along the top of the rail.
  • Handrail: The wood or steel tube or rod that ascends with the stairs. Handrails are required by code on both sides of an exterior stair. There are very few exceptions to this code requirement. They are required to be of a specific diameter, shape and distance from the wall or guardrail. They are required to extend past the top and bottom of the stair and to terminate in such a manner that a shirt sleeve or bracelet will not get caught on the handrail.
  • Nosing: Where the riser intersects with the tread.
  • Risers: The vertical space or surface at the back of each tread which separates one tread from the next tread. Sometimes the riser is open meaning an object can pass through it. Sometimes the riser is closed. Closed risers comply with current building codes, open risers do not comply. The risers are to be consistent in height and have a current code limit of no less than 4 inches high and no greater than 7 inches high.
  • Stringer: This is the structural beam (wood or steel) that runs parallel to the treads as they ascend. There are times when there is no visible stringer because it is either embedded in a wall or hidden with finish materials.
  • Treads: The horizontal surface of the stairs that you step on. These can be made of pre-cast concrete (made at a factory), steel, wood or some type of solid (hopefully waterproof) deck coating. The treads are required to be uniform in depth and have a minimum depth of 11 inches to meet current code.

PRECAST CONTRETE TREADS AND RISERS

The tread and riser are formed out of one piece of pre-cast concrete.


PRECAST CONCRETE TREADS AND STEEL STRINGER

The concrete tread bolts to the steel angle welded to the steel stringer. If this stair was not under a roof, we would likely see rust where the tread attaches to the steel angle.

PRECAST TREADS WITH WOOD STRINGERS

This stair does not comply with current codes for tread depth, closed risers, guardrail height or handrail design.


WOOD STAIR WITH WATERPROOF COATING

The stair framed of wood and coated with a waterproof coating. The stringers are hidden in the stucco coated guardrail walls.


STAIR FAILURE

Water penetrated the stringer where the steel angle supports the pre-cast concrete tread. Thirty years later there was little wood left to support this stair. The red tape and plastic is the destructive testing holes created to determine the extent of the damage.


 WOOD ROT 

The photo above showd extensive decay of the stair stringers and guardrails. 

 
NEW STAIR AND TEMPORARY STAIR

A new replacement stair is being constructed on the right. A temporary stair which allows ingress and egress for second floor occupants during the construction is located on the left. 


NEW AND OLD

A new stair is on the left and an old stair is on the right. the new stair is wood framed with a waterproof coating. The stair on the right is pre-cast concrete treads connected to stringers covered by the stucco coated guardrails.

Quick tips for managing stairs:

  • Stairs with waterproof coating should be inspected annually to confirm the coating has not been compromised by furniture moving or misuse. Pre-cast concrete stairs should be checked with every painting (3 to 5 years depending on your climate) to confirm the treads are tight and the stringers are structurally sound.
  • Be diligent in maintaining the paint where pre-cast concrete treads touch the stringer and where there are exposed fasteners (bolts, screws, etc.).
  • Replacement or repair of treads typically does not require a building permit. With few exceptions we have found that repair or replacement of stair stringers require building permits.
  • Prior permit experience with stair replacement or repairs in one city does not mean that another city will permit the stairs the same way. Although the building code is a statewide code, the building official in each city is the final interpreter of the code.

Thank you to Smith Architects for providing information about stairs.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC