SB-800 and It’s Effects on Decks and Their Warranties and Maintenance

Bill Leys

Waterproofdeckcoatingadvice.com

Of the top ten building component items that get named in suits as being defective, waterproof decks are high on the list, despite the fact that they aren’t found on every Association. Windows and doors, roofs and foundations, all are found on every house built and so it seems natural that they would be on this top ten list. Waterproof decks are built on perhaps 30-40% of new houses and around 50-60% of Condominiums. Decks add an extra "room" to a unit and definitely add value, as people love an outdoor space to call their own and will pay more for a Condominium that has a private deck.

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New industries have evolved from this legislation, mine included, such as companies who write HOA maintenance manuals, third party inspectors and a slew of authors have written books and articles about this bill’s mandates. Attorneys specializing in the writing of CC&R’s for Associations have seen a demand from builders to write precisely worded documents that eliminate the vague language commonly seen in older documents. Maintenance responsibilities are far clearer than ever before over who is responsible for what in an Association, especially exclusive use areas.

In the couple of years since SB-800 passed, manufacturers have adjusted to the new rules and have written new stipulations into their warranties and maintenance instructions. This is especially true in the waterproof deck industry. As a consultant and contractor, I need to keep up on the ever changing instructions for maintenance and warranty requirements, so I am not surprised by these changes, heck, manufacturer’s need to protect themselves too.

Associations are now on notice that they must follow the (ever changing) rules of the game, or they will find that they have little or no recourse against the manufacturer, installer or builder. It is of course, cheaper to inspect and repair small problems before they become big problems. As a contractor, I have seen the costs of replacement and rebuilding for Associations who failed to maintain and inspect their decks rise dramatically. A small crack in a deck that might cost $500.00 or even $1,000.00 to get properly repaired, left unrepaired for several years, end up costing $5,000.00 to $10,000.00 to tear out the deck and rebuild framing damaged from water intrusion. Add in the angry resident, the overworked HOA manager and all the disruptions and the costs of inspection and repairs becomes practically irrelevant.

The Association will have to maintain their decks as specified or suffer the consequences. If the maintenance instructions say to reseal the deck every 3 years, and the Association fails to do so, the installer and manufacturer of that product will be free from liability if the deck then fails . The Association must maintain a log of their decks inspections, inspect their decks as per the instructions, CC&R’s or warranty requirements. The burden of proof for defects is now squarely on the Association and failure to maintain will void their warranty.