SB-326 Balcony Inspections

These inspections are required by the State of California. The deadline for the completion of these inspections is January 1, 2025. The Board is currently reviewing several construction management proposals to have these inspections done. The Board plans to invite representatives from the bidding companies to make presentations to the Board.

July 2024

The City of Sunnyvale provided comments on the plan submitted by the Structural Engineer on May 20th. The Engineer completed the responses and submitted them to the City on July 8th.  SVBG (construction company) and BCM (project manager) are hoping to hear back from the City by July 22nd

SVBG and BCM met onsite during the week of June 5th. They prepared the scope of work for Buildings 1 and 2. SVGB and BCM will be meeting with the Board on Thursday, July 18th to discuss scope of work, project costs, and a project schedule. 

The requirement to inspect the balconies as required by SB326 has been fulfilled. The Board is fully aware that their main priorities will be: 1) To as cost effectively as possible make sure the balconies are structurally safe, and 2) Lift the balcony access restriction imposed by the City of Sunnyvale.

June 2024

During the June HOA meeting Cassidy B. Rajkovich, our balcony repair project manager, provided an update on the SB326 project.  Our structural engineer has been working with the City of Sunnyvale to answer their comments and responses to the repair plans that were submitted. Hopefully, the final corrections/amendments to those plans will be submitted by June 17th.  The repair contractor, SVGB, and the project manager, BCM, met onsite during the week of June 3rd to develop the scope of work for Buildings 1 and 2. SVGB and BCM will be able to calculate the estimated cost for repairs for those two buildings after the City accepts the repair plans and issues work permits.

May 2024

The City of Sunnyvale provided comments on the plan submitted by the Structural Engineer on April 22nd. The Engineer is working on responding to their comments and revising those plans as needed. He expects to resubmit the plans to the City by May 17th. The turnaround time from the City is unknown, but hopefully it will be within two weeks.

The "Master Plan" for the entire community was submitted to the City, but a permit will be required for each building. The permit for each building will include the repairs required for all front & rear balconies. SVBG & BCM are scheduled to meet May 17th to inspect the first two buildings, then develop the scope of work per the Engineer's plans. The plan is to have the scope ready to pull the first permits for the first two buildings once the City approves the Master Plan. Then the repairs can begin.

April 2024 

All inspections have been completed. The structural engineer has completed the repair plans and submitted them to the City of Sunnyvale for review. After the City has reviewed (and approved) the plans, our project manager, together with Silicon Valley Builders Group, will be able to determine project costs and create a repair schedule. We are hoping to hear from the City by late April to mid-May.

March 2024

Sergio Sanchez from SVBG answered questions regarding the progress so far. The inspections are complete and preliminary plans are being drawn up. It appears that all the balcony railings will need replacement, but not all the joists. The engineering plans will be submitted to the City next week, and pending City review, permit approval is expected in late April or early May.

February 2024

During the February HOA Board meeting Cassidy Rajkovich, our Project Manager, gave a status report. Here are the significant points she made:

Scope of work will begin soon for front balcony waterproofing. SVBG will start closing the front balconies without leaks.

The structural engineer hopes to submit preliminary repair plans to the City of Sunnyvale by March 8. The repair plan will be set in motion pending approval by the City. We are optimistic that this will happen sometime in May.

January 2024

All balconies within the complex have had a visual inspection done. Cassidy explained what they looked at when they did so. Using the data collected, the structural engineer and Cassidy are selecting approximately 50% of the front and rear balconies to complete destructive testing (DT). This testing is tentatively scheduled to begin January 24-25. Units chosen will have a written notice posted on their front door (which is why you need to take the prior notice down). The notice will include information regarding how to prepare for DT and what to expect. Any balcony sidewall areas that are opened will be covered with plastic after the inspection to prevent further damage by inclement weather.

The structural engineer will be submitting a letter to the City of Sunnyvale outlining the HOA’s plan to address any SB326 issues. The goal is to work with the City of Sunnyvale to expedite the emergency rule restricting use of the balconies lifted.

November 2023

During the November HOA meeting, Cassidy Rajkovich, our SB326 Project Manager, reported that all balconies are scheduled for visual inspections on November 15 and 16 (weather permitting). After the visual inspections are done, they will determine which 50% of our balconies are the best candidates for destructive testing. Repair plans will be created by a selected structural engineering firm. Cassidy presented bids from two structural engineering firms and Nicolas Bumb, SE was selected by the Board to create design plans for railing replacement and joist replacement/repair. Cassidy has been liaising with the City of Sunnyvale on our behalf and will notify the City after the balcony inspections have been completed and the engineering firm has reviewed the results.

The question was asked about when the 120-day emergency restriction on balcony use will expire and we can once again use our balconies. Dan Pizano (Property Manager) pointed out that this restriction was imposed by the City so it would be up to the City to lift it.

SVBG SB326 Visual Inspection Notice.pdf

SVBG balcony inspections notice

October 2023

The Board reviewed three (3) proposals from potential project managers to oversee the SB326 repairs. They chose Brook Construction Management to work with a contractor who will inspect all the balconies and determine the extent of damage to each (if any), create repair plans (where necessary), and then make the recommend repairs.

Emergency Rule (Balconies) signed.pdf

September 2023

The Cherrywood HOA Board of Directors has adopted an emergency rule for the next 120 days prohibiting use of the front and rear balconies. This precaution was directed by a letter demand from the City of Sunnyvale. A copy of the rule appears to the left.

The Board is currently seeking a project manager to oversee the SB326 repairs. Next, with the help of the project manager, they will obtain a contractor that will determine the extent of damage to all the balconies, create repair plans, and make the necessry repairs.

BALCONY USE URGENT NOTICE Sept 5 2023.pdf

EMERGENCY BALCONY NOTICE

August 2023

The Cherrywood HOA Board of Directors met with our property manager, Dan Pizano, and members of the team who performed the balcony inspections and wrote the report. The structural engineer again stressed the importance of treating the balconies with extreme caution; out of an abundance of caution, we’re assuming the worst cases in that these issues exist in all balconies.

So, here are some of the facts from that meeting:

The official report to satisfy the SB326 requirement to inspect the balconies has been submitted to the City of Sunnyvale, and we are facing the need to make repairs.

The visual inspection, with confirmation from limited destructive testing, shows that many handrails are not safely attached to their supporting wall.

Many of the guardrails and adjacent walls have decay because they are not properly waterproof. Some of the joists (beams) supporting balcony decks are not properly anchored to meet the weight bearing code requirement.

Some of the balconies have decks that collect water because the balcony slope is inadequate to properly drain.

In light of the fact that our balconies were replaced nine years ago, the HOA is seeking legal advice regarding the viability of making an insurance claim against the primary contractor.

We are considering paying for a second opinion from an independent licensed engineer to confirm these findings. We are also in the process of getting multiple bids for repair work. This will build confidence in the necessity of these repairs, and enable budgeting for them. We do have reserve funds, but it is probable that a special assessment would also be needed.

July 2023

A report from the structural engineer is due in the next 2 weeks. It will contain proposals fro moving forward and a rough budget for the work proposed.

June 2023

For those who were involved in the destructive testing phase of the evaluation, craftsmen will be coming through starting June 20th to fix the holes they made.

Please note that the craftsmen will have tools and construction materials (including ladders, saws, electrical extension cords, lumber, and fasteners) set about the buildings during regular working hours. They will make every effort to contain the working areas. Further, extended noise from hammers, saws, compressors, and other common construction noises will be common during the authorized working hours of 8:00 am to 5:00 pm.

Before they can begin, residents will need to close all windows and doors to contain dust and noise, be aware the craftsmen will be inside the balconies and patios, refrain from use of the working areas and craftsmen, and put your pets inside and away from the working areas.

Access to enter your units shall remain open and available with the occasion of a minor inconvenience of walking around an active working area during the construction.

April 2023

CMA will be posting notices on the front doors of the units where they will be doing their destructive testing Monday, April 24th through Thursday, April 27th (8am to 5pm). If your unit is involved in this phase, you will have a notice posted on your front door the week before.

Destructive testing requires them to open small areas in the underside of the decks so a structural engineer can inspect the inside area. For those working from home, this destructive testing will be loud. If the occupant needs to come and/or go from their unit during the test hours, they will need to call the number on the flyer to make arrangements.

Please remember that these  inspections are for safety reasons and mandated by California statute.

March 2023

The preliminary walk-though inspections of the complex have been completed. The Intrusive (Destructive) Testing and Structural Inspection stage is currently scheduled to take place April 24th through 27th (weather permitting). Eight (8) units have been identified to be inspected during this phase and the owners will be notified by notices posted on their front doors on or about March 27th.

February 2023

CMS has completed the visual inspection portion of the SB-326 (Civil Code 5551) Compliance Inspections at Cherrywood Homeowners Association. CMA is diiligently analyzing the data gathered from the inspections; and so far, they have not identified any life-safety issues. There are, however, a number of units showing signs of termite damage and decay.

The next step will be for CMA to present their visual inspection findings to the Structural Engineer, who will determine the sixteen (16) locations for intrusive testing, They will be opening the elevated deck system to expose the structure at eight (8) front and eight (8) rear locations. This process is often loud and distracting for residents working from home. Residents are not required to be present for this inspection.

The intrusive testing has not be scheduled at this time; residents affected b the testing will receive a notice on their front door one month prior to the testing dates to prepare for CMA's arrival.

CMA inspectors will be walking around the exterior of the buildings. The inspectors will ring the doorbell and knock on the front door before accessing the deck The inspectors will be using extension ladders to gain access to your deck. Please close curtains or blinds as needed for privacy and remove any furniture or valuables. Foot traffic access will be limited during the hours of testing and certain areas will be blocked off for the safety of the residents with caution tape.

Following the intrusive inspections there will be openings at the sixteen (16) testing locations. These openings will be closed when put-back work commences at a later date. Please note: put-back work is not a repair; we provide put-back for aesthetic purposes only.

January 2023

CMA Consulting has been hired as Cherrywood's construction consultant for this project. Be aware that their planned presence is necessary. They have been tasked with performing visual inspections of the privacy elevated deck structures (front and back balconies). These inspections are required by California state law.

During the 2 weeks of February 6 through 17 (weather permitting), inspectors will be walking around the exterior of the buildings. The inspectors will be using ladders to gain access to your decks. Residents are not required to be present for these inspections. The inspectors will ring your doorbell and knock on your front door prior to the inspections.

A flyer will be posted on the door of each unit approximately 2 weeks prior to the start of work. You will be given an opportunity to notify CMA Consulting in advance of any issues, such as pets on your deck, or if you must be present during the inspection But remember, these inspections are mandatory.

April 2022

The Board discussed the possible costs involved. This looks to be a major expense coming in the next two years. CMS will obtain at least 3 bids for the inspections.

May 2022

Bids will be sought for balcony inspections to comply with California law SB-326. This will be a large expense that must be completed by January 1, 2025.

October 2022

A potential construction manager for the upcoming SB-326 balcony inspections gave a presentation.