What is SB 410 a California Condominium Deck and Balcony Inspection Law for 2026?

What is SB 410 a California Condominium Deck and Balcony Inspection Law for 2026

What is SB 410 a California Condominium Deck and Balcony Inspection Law for 2026? SB 410 was chaptered into law in October 2025. Its official title is “Common interest developments: association records: exterior elevated elements inspection.” Specifically, SB 410 amends several sections of the California Civil Code — including §§ 4525, 4528, 5200, 5210, and 5551 — under the framework of the Davis-Stirling Common Interest Development Act. (LegiScan)

In essence, SB 410 expands and refines existing requirements for inspection of exterior elevated elements (EEE) — like balconies, decks, elevated walkways or stairways — in common-interest developments (CIDs). The law ensures that inspection reports become part of the “association records,” broadens who must receive them in a sale, and strengthens disclosure obligations when a unit is sold. (LegiScan)

Under SB 410:

• The inspection report must include key additional data — for example, the total number of units in the condominium project, the total number of exterior elevated elements (and how many were inspected), and a certification that a “statistically significant sample” was evaluated. (LegiScan)
• When a separate interest (unit) is sold, the seller must provide a copy of the most recent EEE inspection report to the prospective buyer. This becomes a required disclosure under Civil Code § 4525 (as amended). (LegiScan)
• The bill expands the definition of “association records” to include the inspector’s report, meaning that homeowners and members of the HOA may request and review these reports (subject to record-retention requirements). (LegiScan)
• Associations must retain these reports for at least two inspection cycles. (LegiScan)

In short: SB 410 codifies greater transparency, standardized documentation, and sale-disclosure requirements related to the safety and inspection history of exterior elevated elements in HOA-managed (common interest) housing.

The Origins: SB 326 — The “Balcony Bill” (2019)

To understand SB 410, it’s essential to look back at SB 326, enacted in 2019 (Chapter 207, Civil Code §§ 5551, etc.). SB 326 was California’s landmark response to recurring tragedies and structural failures involving balconies, decks, and other elevated structures. (Legislative Information)

Under SB 326:

• Associations of condominium projects with three or more attached multifamily units must cause a visual inspection of exterior elevated elements at least once every nine years, covering a “statistically significant sample.” The inspection must be done by a licensed structural engineer or architect. (Legislative Information)
• The inspection report must assess whether the load-bearing components and their waterproofing systems are “in a generally safe condition and performing in compliance with applicable standards,” and must offer recommendations for any needed repair or replacement. (Legislative Information)
• If any inspected element is deemed an immediate hazard, the report must be shared with the association immediately, and with the local code-enforcement agency within 15 days. Access to the dangerous element must be restricted until repairs are inspected and approved. (Legislative Information)
• Associations retain responsibility for ongoing maintenance, repair, or replacement of the elements. (Legislative Information)

SB 326 thus established a baseline safety and inspection regime for many California condominiums and HOA-managed developments. However — while it required inspections and reporting — it did not specifically regulate disclosure requirements in the event of a sale. That is: SB 326 did not mandate that a prospective buyer automatically receive the inspection report at escrow, or that exterior-elevated-element records be included among standard HOA “association records.”

Why SB 410 Was Needed — And What It Adds

Several factors prompted the introduction of SB 410:

• Transparency for Buyers: Buyers of units in HOAs and condominiums deserve to know the structural health of balconies, decks, stairs, and other elevated shared components. Under the prior law (SB 326), there was no guarantee a buyer would see recent inspection results — even though inspections were legally mandatory every nine years.

• Standardization of Documentation: SB 326 required a visual inspection but did not tightly define what the inspection report must contain. That led to variability in quality, completeness, and usefulness of reports across different HOAs. SB 410 standardizes the minimum information required (number of units, number of EEEs, number inspected, certification of statistically significant sampling), making the reports more meaningful and comparable. (LegiScan)

• Accountability for HOAs: By adding the inspection report to the definition of “association records,” SB 410 gives HOA members and prospective buyers a legal right to request and review them — enhancing oversight and accountability. (LegiScan)

• Safeguarding Sales and Lending: Real estate transactions often trigger lender scrutiny. Having a recent, certified EEE-inspection report can help lenders and buyers assess risk, satisfy disclosure requirements, and potentially avoid liability or post-sale surprises. SB 410 aligns disclosure practice with safety law. Indeed, proponents such as the California Association of Realtors highlight that SB 410 “simply requires homeowner’s associations to provide sellers a copy of balcony inspection reports so buyers and lenders have necessary information.” (Bill Texts)

In short: SB 410 builds on — and closes gaps in — SB 326 by making inspection reporting and disclosure part of real estate transactions in California’s common-interest developments.

Key Provisions of SB 410 — What Has Changed

Here is a breakdown of SB 410’s new or clarified obligations:

Provision	Effect / Impact
Inspection report must include project-wide data (total units, number of EEEs, number inspected, number failing, certification of statistically significant sample)	Creates a standardized, transparent baseline for assessing building-wide EEE safety, not just individual units or random balconies.
Seller must provide latest EEE inspection report to prospective buyers	Ensures new buyers receive safety history, preventing “blind” purchases where balconies might be damaged or unsafe.
Report becomes part of “association records” under Civil Code § 5200 et seq.	HOA members (and prospective buyers) can legally request and review the report; adds accountability and record-keeping obligations.
Retention requirement: reports must be kept for at least two inspection cycles	Ensures historical data remains available for future inspections, audits, resale, or liability purposes.
Association must comply with Davis-Stirling maintenance/repair obligations, but inspection/reporting cycles stay under nine-year cadence	Maintains the fundamental inspection schedule from SB 326 but augments it with documentation and disclosure rules.

These changes significantly strengthen the regulatory framework around exterior elevated elements in HOA-managed properties, especially at the point of resale.

SB 410 and SB 326: Complementary, Not Redundant

It helps to think of SB 326 and SB 410 as two layers of a unified safety/disclosure regime:

• SB 326 = safety + maintenance: ensures periodic inspections by qualified professionals, identifies potential hazards, mandates timely remedial action, and defines HOAs’ ongoing maintenance obligations.

• SB 410 = transparency + consumer protection: ensures the results of those inspections are preserved, standardized, and — crucially — disclosed to buyers when a unit changes hands.

In other words, SB 326 answers “Are we checking balconies and structures regularly?”; SB 410 answers “Can a buyer (or owner) see the results of those checks?”

Thus, SB 410 does not replace SB 326 — it builds upon it. The inspection requirements remain in place (i.e., the nine-year visual inspection cycle by licensed engineers), but now accompanied by robust reporting, record-maintenance, and sale-disclosure mandates.

For homeowners, HOAs, and real estate professionals, the two bills together offer both preventative safety regulation and a transparent record trail — a critical combination for structural integrity, liability management, consumer protection, and real-estate market stability.

Why This Matters – Real World Impacts

For Homeowners & HOA Boards

HOA boards must now not only ensure inspections are done under the SB 326 schedule, but also make sure reports meet the requirements of SB 410. Records must be maintained properly, and inspection history must be made available to any homeowner or prospective buyer. This increases administrative responsibilities for HOAs — but also reduces risk and improves transparency. Boards should review their existing inspection protocols, ensure sampling is statistically significant, and prepare to deliver inspection reports at resale.

For Homebuyers & Real Estate Agents

Whether you are buying a condo in a CID, or otherwise purchasing a unit governed by a homeowners association, you now have legally enforceable access to a recent, detailed inspection report of all balconies or elevated shared elements — not just the unit you are buying. This empowers buyers, lenders, and inspectors to make informed decisions. Agents and lenders should factor inspection history into valuations, disclosures, and loan approvals.

For Lenders & Underwriters

From a lending perspective, SB 410 reduces uncertainty and potential liability. Lenders will have a standardized inspection report to review, offering a clearer picture of risks associated with elevated structures. This could influence loan underwriting, insurance requirements, and cost of ownership.

For Public Safety & Long-Term Building Health

By codifying inspection history disclosure, SB 410 adds a layer of long-term accountability around structural health. Over time, as more inspection data accumulates, property owners, HOA boards, and regulators will have a better understanding of common failure modes, warranty/repair cycles, and broader structural safety trends across California’s multi-unit housing stock.

Critiques, Challenges & Considerations

While SB 410’s goals are clear and widely supported, the law introduces challenges:

• Increased administrative burden for HOAs: Association boards must manage record-keeping, comply with litigation-grade disclosure requirements at sale, and ensure consistent sampling and reporting standards. Smaller HOAs might find this burdensome.

• Potential disclosure conflicts: There may be reluctance to release inspection reports if they document structural issues — especially when a seller fears that repairs may be expensive or liability might arise. The law mandates disclosure, but doesn’t guarantee repairs.

• Cost concerns: Although SB 326 already required inspections, SB 410 may lead to more frequent or more thorough inspections (or even full building inspections) to avoid liability. This could raise maintenance costs for associations, potentially translating into higher HOA dues or special assessments.

• Public awareness & enforcement: The law is only as good as implementation. Buyers must remember to request the inspection report. HOAs must comply fully. Agencies must enforce compliance for enforcement to work.

Despite these challenges, the trade-off — increased safety, transparency, and accountability — is widely considered worth it.

The Bottom Line

California’s SB 326 and SB 410 together create a robust legal framework ensuring both structural safety and transactional transparency for common-interest developments with elevated exterior elements.

• SB 326 (2019) mandated periodic inspections of balconies/decks/stairs (“exterior elevated elements”) for condominiums and multi-family HOAs

• SB 410 (2025) builds on SB 326 by requiring that inspection reports be standardized, retained as formal association records, and disclosed to prospective buyers when a unit is sold.

For homeowners, HOAs, buyers, lenders, and regulators, SB 410 represents a major step forward — not only toward safer buildings, but toward a more transparent, stable, and responsible real-estate market.

Going forward, success will depend on diligent implementation by HOAs, awareness and due diligence by buyers, and enforcement when disclosures are attempted but withheld. As California’s housing market continues to grow, SB 326 + SB 410 may serve as a model of how to balance housing supply, safety, and consumer protection.