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

Inspector's reports for exterior elevated element inspections are now required to be available for member inspection for 2 inspection cycles instead of permanently. This is reflected in both the digest and in Civil Code Section 5548, which now cross-references the retention period in Section 5551(i).

Subparagraph (v), which required reporting 'the total number of exterior elevated elements requiring repair within the next four years' as a separate tally on the first page of the report, was removed entirely.

Repair urgency category (i) was changed from 'requiring repair within the next year' to 'requiring repair within the first year, or 365 days, following the inspection,' adding a specific day count for clarity.

Repair urgency categories (ii) and (iii) were changed from 'between the next one to four years, inclusive' and 'between the next four to nine years, inclusive' to 'more than one year but fewer than four years' and 'more than four years but fewer than nine years,' eliminating the ambiguous 'inclusive' language that created overlap at boundary points.

Repair urgency category (iv) was changed from 'requiring repair after the next nine years' to 'demonstrating no need for repair at the time of inspection,' shifting the focus from a future repair timeline to a current condition assessment.

Following the removal of subparagraph (v), subsequent subparagraphs were renumbered (old G became F, old H became G), though the amendment text contains leftover empty lines with old letter designations that appear to be drafting artifacts.

The definition of 'association records' in Section 5200(a)(2) was narrowed from 'any document, statement, or other information required to be provided in Article 2 (commencing with Section 4525)' to only 'any financial document or statement required to be provided in Article 2.' This means non-financial documents like governing documents, minutes, and violation notices referenced in Section 4525 are no longer automatically classified as association records subject to member inspection under this article.

Section 5210(a)(3) changed the retention period for exterior elevated element inspector reports from 'permanently' available for member inspection to 'for the time period required by subdivision (i) of Section 5551,' which is two inspection cycles. This significantly reduces how long associations must keep these reports accessible.

Section 5551(e)(5)(F) now requires the inspector's report to include 'the number of units impacted' in each repair urgency category (within one year, one to four years, four to nine years, or after nine years), not just the count of elements. A new subparagraph (G) requires reporting the total number of inspected elements identified as posing an immediate threat to occupant safety and the number of units impacted.

The prior version included language requiring that 'any other information required to be made available pursuant to those provisions [governing prospective purchase of a separate interest] to be made available within that timeframe.' This requirement was removed in the new version, eliminating an additional obligation on associations regarding response times for Section 4525 documents.

The repair urgency categories in Section 5551(e)(5)(F) were reworded for precision: 'within the next year' became 'within the next first year, or 365 days, following the inspection'; 'between the next one to four years, inclusive' became 'more than one year but fewer than four years following the inspection'; and similar clarifications were made for other categories. The final category now explicitly states 'demonstrating no need for repair at the time of inspection.'

Added passage dates: Passed the Senate September 10, 2025, and Passed the Assembly September 8, 2025

Added signature lines for Secretary of the Senate, Chief Clerk of the Assembly, Private Secretary of the Governor, and a final 'Approved' block with Governor signature line

Removed all prior amendment history headers (dates from March 20 through September 2, 2025) and the original introduction date

Removed line numbers from the statutory text and adjusted page numbering from 93 to 92

Front matter changed from enrolled bill format (Senate/Assembly passage dates, Secretary signatures, Governor receipt date blanks) to chaptered law format (STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL header, Chapter 516 designation, and Governor approval date of October 10, 2025).

Page headers changed from 'SB 410' to 'Ch. 516' and page numbers shifted (from 92-series to 91-series) to reflect the final published format.

The bill now amends Sections 5200, 5210, and 5551 of the Civil Code in addition to the previously amended Sections 4525 and 4528, substantially broadening the bill's reach into association record-keeping and inspection requirements.

The applicability threshold for exterior elevated element inspections changed from buildings containing '3 or more multifamily dwelling units' to '3 or more attached multifamily dwelling units,' narrowing coverage to exclude detached units.

New provisions allow association boards to enact rules or bylaws imposing requirements greater than those in Section 5551, and allow local governments to enact ordinances imposing greater requirements, creating a floor rather than a ceiling for inspection standards.

New Section 5200 expands the definition of 'association records' to include any document, statement, or other information required to be provided under prospective purchaser disclosure provisions (Section 4525), not just financial documents or statements. It also adds definitions for 'enhanced association records' and 'association election materials.'

New Section 5210 establishes specific timeframes for member access to association records: 10 business days for current fiscal year records, 30 calendar days for prior two fiscal years, and the timeframe specified in the underlying statute for disclosure-related records.

New Section 5551 requires exterior elevated element inspections to be conducted by a licensed structural or civil engineer or architect using a random statistically significant sample (95 percent confidence, plus or minus 5 percent margin of error). Inspectors must generate a random list of all elements before the first inspection and proceed in order through subsequent inspections.

The new Section 5551 requires inspectors to issue written reports containing: identification of load-bearing components and waterproofing systems, current physical condition, expected remaining useful life, repair or replacement recommendations, and a first-page summary with total unit counts, element counts, and elements categorized by repair timeline (within 1 year, 1-4 years, 4-9 years, after 9 years). The report must include a certification that a statistically significant sample was evaluated.

Section 4525(a)(11) was changed from requiring 'the result of an inspection' to requiring 'a copy of the report issued pursuant to the most recent inspection conducted pursuant to Section 5551,' making the disclosure requirement more specific and tied to the new detailed report format.

If an inspector determines an exterior elevated element poses an immediate threat to occupant safety, the inspector must provide the report to the association immediately and to the local code enforcement agency within 15 days. The association must take preventive measures including preventing occupant access until repairs are approved. Local enforcement agencies may recover enforcement costs from the association.

A new provision requires that for buildings with a building permit application submitted on or after January 1, 2020, the inspection must occur no later than six years following issuance of a certificate of occupancy. The first inspection under this section is due by January 1, 2025.

Section 5200(a)(2) broadens the definition of association records from 'any financial document or statement required to be provided in Article 2 (commencing with Section 4525)' to 'any document, statement, or other information required to be provided' under that article. This means non-financial documents (like inspection reports, violation notices, and board minutes) are now explicitly covered as association records subject to member inspection rights.

A new paragraph (15) is added to Section 5200(a), defining 'association records' to include 'all inspector's reports compiled pursuant to Section 5551.' This formally brings exterior elevated element inspection reports into the category of records members can inspect.

Section 5210(b)(3) is updated to match the broadened language in Section 5200, changing 'any record or statement available pursuant to Article 2' to 'any document, statement, or other information available pursuant to Article 2,' ensuring consistent access timeframes apply to the expanded category of records.

A new paragraph (3) is added to Section 5210(a), stating that all inspector's reports compiled under Section 5551 are subject to member inspection permanently. This overrides the general rule that association records are only available for the current fiscal year and the prior two fiscal years, ensuring EEE inspection reports remain accessible indefinitely.

The amendment to Government Code Section 65860 (Planning and Zoning Law) regarding zoning ordinance consistency with general plans was removed entirely. The bill title was changed from 'relating to land use, common interest developments' to just 'relating to common interest developments.'

Section 4525(a)(11) was changed from requiring disclosure of 'the result of an inspection conducted pursuant to Section 5551' to requiring 'a copy of the report issued pursuant to the most recent inspection conducted pursuant to Section 5551.' This makes the requirement more specific: owners must now provide the actual written report (not just a summary of results) and it must be from the most recent inspection.

The bill now also amends Sections 4525 and 4528 of the Civil Code, expanding its scope from solely land use/zoning to include common interest development disclosure requirements.

A new paragraph (11) is added to Civil Code Section 4525, requiring the owner of a separate interest (e.g., a condominium unit) to provide the result of an exterior elevated elements inspection conducted under Section 5551 to any prospective purchaser before transfer of title or execution of a sales contract.

The billing disclosure form in Civil Code Section 4528 is updated to include a new line item for 'Result of inspection of exterior elevated elements' referencing Sections 4525(a)(11) and 5551, so associations can bill prospective purchasers for this document.

In Government Code Section 65860(c)(1), the redundant phrase 'In the event that If' is corrected to simply 'If,' a nonsubstantive drafting cleanup.