Common interest developments: association records: exterior elevated elements inspection.

Senator Grayson crafts a measure that links structural oversight to greater transparency by requiring condominium projects and attached multifamily buildings with three or more units to undergo a nine-year, visual inspection of a random, statistically significant sample of exterior elevated elements, with a detailed inspector’s report and a formal recordkeeping trail accessible to residents and prospective buyers.

The core provisions center on what must be in the inspection regime and the reporting framework. The inspector, licensed as a structural or civil professional, must select a random list of exterior elevated elements for review and determine whether they are generally safe and performing to applicable standards. The written report must identify the load-bearing components and their waterproofing, state the current condition and any immediate safety threats, estimate remaining life and future performance, and provide repair or replacement recommendations. On the first page, the report must include the inspection date, total number of units in the project, the number of units with exterior elevated elements, the total number of exterior elevated elements, the total inspected, and, as of the inspection date, how many elements pose an immediate threat and how many units are affected, along with a certification that a visual inspection of a statistically significant sample was conducted. The inspector’s report must be stamped or signed, presented to the board, and incorporated into the association’s study required by the related provisions.

In addition to the inspection mechanics, the bill expands records and disclosure requirements. The inspector’s reports would be added to the definition of association records and would be available for member inspection for two inspection cycles. The bill also requires the owner of a separate interest to provide to a prospective purchaser a copy of the most recent inspector’s report concerning exterior elevated elements, and it updates the form used to disclose documents to reflect this requirement. The form would standardize disclosures and indicate which documents are included, with specific line items for items such as governing documents, budgets, and the inspector’s report, among others. If an inspector identifies an immediate threat, the statute obligates the association to deliver the report to the local code enforcement agency within 15 days and to take preventive measures, with local enforcement able to recover costs from the association.

The broader regulatory context envisions ongoing, public-facing accountability within the common-interest development framework. The measure defines key terms—such as “statistically significant sample,” “visual inspection,” “exterior elevated elements,” and “load-bearing components”—and ties the new inspection cycle to the existing nine-year cadence, while mandating that all written reports be preserved for two inspection cycles. The approach emphasizes structured data collection, standardized reporting, and timely notification to authorities when safety concerns arise, all within the existing statutory scaffolding governing records, disclosures, and association governance.