S 2SB 32B36
and use, and that are supported in whole or in substantial part by wood or wood-based products.”
(Civ. Code § 5551(a)(3).)
Te inspector is additionally required to inspect the components’ associated waterproofing system including flashings, membranes, coatings and sealants. Sound technical? It is.
In addition to a purely visual inspection, the design professional may choose to use moisture meters, borescopes and/or infrared technology to assist in determining building conditions. Tese tools will assist the design professional in determining whether any water or moisture is penetrating into the exterior elevated elements or cavities. If the design professional determines that water or moisture is present, he or she may conduct a further inspection. Te design professional is required to exercise his or her best professional judgment in determining the scope and breadth of the inspection, and that may very well include invasive or destructive testing.
Te inspection must encompass a random and “statistically significant” selection of the load bearing components and their waterproofing systems.
What does this mean? Te design
professional will need to inspect a sufficient number of elements to ensure that his or her conclusions are accurate. Te statute
requires “95 percent confidence that the results from the sample are reflective of the whole, with a margin or error of no greater than plus or minus 5 percent.” Because this is truly a mathematical computation, it is highly likely that the design professional will need to consult with a statistician during the inspection process. It is anticipated that the design professional will initially inspect a certain percentage of elements, provide the data to the statistician, the statistician will evaluate the data vis- à-vis the specific property site plan, and then advise the design professional whether further investigation needs to be performed to satisfy the confidence rating.
Following the inspections, the design professional will issue a report that identifies the elements inspected, states whether there is any immediate threat to the health and safety of the residents, sets forth the remaining useful life of the elements, and makes recommendations with regard to the repair and replacement of the load bearing components and associated waterproofing systems. If the conditions constitute an immediate threat to the safety of the occupants, then the inspector is required to notify the association and provide the report to local code enforcement within fifteen (15) days of the report’s completion. Under these circumstances, the association is required to take immediate action to protect the occupants, including preventing access to the element, and perform the recommended repairs.
Local code enforcement
has the right to inspect and approve the repairs and charge the association for any costs incurred.
A Premier HOA Contractor servicing your community for
15 YEARS
Phil@construction37.com CSLB Lic. #851497 (916) 879-1606
Regardless of whether any immediate repair is necessary, the association is required to provide the design professional’s report to its reserve study preparer. It is recommended that the association additionally provide any documents related to any subsequent related repairs. Te reserve study preparer will then incorporate the information into the association’s reserve study. Tis process will result in a reserve study that more accurately reflects (1) the condition of the building components and systems existing at the condominium development, and (2) the true cost of owning a condominium at a particular development.
A Brighter Future in Assessment Collections & HOA Services
Lori L. Bradford
lbradford@sunriseassessment.com
www.sunriseassessment.com
18 (408) 666-3250
Is this all really necessary? Until the passage of this statute, the Davis- Stirling Act required only a “reasonably competent and diligent visual inspection of the accessible areas of the major components …” (Civ. Code § 5550.) Davis-Stirling did not encourage further investigation when the inspector deemed it necessary. Te law provided for the inspection of accessible areas only, which means that many of the building’s most critical components – the hidden structural components – were never actually inspected. Finally, Davis-Stirling permitted the inspectors to visually assess components from the ground. For those inspectors who believed that more thorough inspections were prudent, boards were free to decline the recommendation as not required by the statute. While compliance with the new law will entail a great deal of effort, the statute emphasizes the importance of placing safety first.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32
