The Law Journal, Spring 2018

Page 1

IN THIS ISSUE Solar Energy: The Do’s and Don’ts Under California’s New Law Balancing Political Solicitors’ Right to Free Speech With Residents’ Right to Privacy Under SB 407 HOA Assessment Collections or: How I Learned to Stop Worrying and Love the Judgment Renewal Notice Required – New Requirements for Community Associations Served with Mechanic’s Liens And more…

SPRING 2018

New Deck Inspection Requirements for Homeowners Associations Proposed California Senate Bill 721 BY RACHEL M. MILLER, ESQ. – THE MILLER LAW FIRM

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n Tuesday, June 16, 2015, thirteen college students attending a birthday party were standing on the fourth-floor balcony when it suddenly collapsed, leaving six dead and severely injuring seven. The cause was attributed to severe decay of the deck’s support beams, which resulted in the deck tearing off from this six-year old building. As of January 9, 2018, the Senate has passed bill entitled SB 721, which will

now go to the Appropriations Committee for review (and possible revision). SB 721 proposes to mandate substantial inspection requirements for common interest developments in all buildings containing three or more units. There, boards shall arrange for an inspection of: 1. All “exterior elevated elements” a. Including load-bearing components;

b. The waterproofing elements; and c. Would constitute a threat to the health or safety of the occupants. 2. By using methods that allow for a. “Direct visual evaluation,”; and b. A sample of “at least 15% of each type of each exterior elevated element.” 3. By “a licensed architect, licensed civil/ Continued on page 2


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The Law Journal, Spring 2018 by CACM-California Association of Community Managers - Issuu