Preventing Accidents and Lawsuits Involving Balcony Inspections


Omid Ghanadiof, Co-Founder of DrBalcony


“Delays compound liability. Once a hazard is identified, inaction is often the detail that juries, regulators, and risk managers remember.”


When exterior elevated elements fail, the consequences may be severe: loss of life, multi-year litigation, insurance premium increases, stalled transactions, and long repair


decay, compromised waterproofi ng, overloaded


members, and deferred maintenance. The encouraging reality is that qualifi ed inspectors fi nd these issues early, when the problems are cheaper and safer to correct.


This article translates widely reported cases and current California requirements


into practical steps for boards


and community managers planning their inspection programs this year.


What recent cases continue to show


Although not specifi cally involving community associations, several headline incidents illustrate the potential human costs and fi nancial exposure from balcony collapses:


• 2015 — Berkeley, CA: 6 deaths, 7 critical injuries; publicly reported


confi dential).


• 1998 — San Francisco, CA: 1 death, 1 permanent brain injury; jury award $12.39M.


• 2003 — Chicago, IL: 13 deaths, 57 injuries; global settlements ~$16.6M.


• 2012 — Montgomery, AL: 8 injuries; awards + punitive damages >$20M.


20 January | Febuary 2026 settlements exceeding ~$20M (partial + timelines.


The common thread in post-incident investigations is familiar to most community leaders and managers: hidden moisture, wood


• 2021 — Malibu, CA: Multiple injuries; litigation details not public; still signifi cant direct and indirect costs (emergency response, repairs, premium impacts).


The legal framework in California


California now requires periodic inspection of exterior elevated elements to reduce the risk of failure.


SB 721 applies to multifamily residential (apartment) buildings that are not common interest developments. It requires inspection of exterior elevated elements by qualifi ed professionals at defi ned intervals. Local enforcement and lender or insurer expectations may add specifi city to timing and documentation. Owners who have not completed initial compliance should prioritize scheduling and documenting corrective actions.


SB 326 applies to condominium and HOA communities and requires a licensed structural engineer or architect to perform a detailed inspection of all Exterior Elevated Elements


decks, and stair systems that rely on wood for structural support. The inspector must


(EEEs) such as balconies, walkways, landings, visually assess a statistically


signifi cant sample of these components, determine their load-bearing capacity and overall safety, document any signs of dry rot, water intrusion, or structural deterioration, and classify each fi nding as either routine repair or an immediate safety hazard. A written report with photos, recommendations, and timelines must be delivered to the association, and the results must be incorporated into the association’s reserve study. This process must be repeated every nine years.


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