August 20, 2026
What happens if the report a California disclosure law now requires doesn't exist yet when you decide to sell?
That is the question a growing number of condo and townhome owners in Corte Madera are about to run into, often without warning. For years, the structural inspection reports required under California's balcony safety law lived mostly in HOA board minutes and reserve studies, background paperwork that surfaced late in a transaction if at all. As of January 1, 2026, that changed. A new amendment folds the inspection report directly into the disclosure packet every seller is legally required to hand a buyer, and it does so at the start of the process, not somewhere near the closing table.
For owners of Corte Madera's condo and townhome complexes, many built in the 1970s and 80s with the wood-frame decks and elevated walkways this law targets, the practical effect is a scheduling problem hiding inside a paperwork requirement. Sellers who assume their board has this handled are frequently wrong, and the ones who find out after they've already signed a listing agreement are the ones who lose weeks.
California's Senate Bill 326 has required condominium and homeowners associations to inspect exterior elevated elements, balconies, decks, stairways, and walkways more than six feet off the ground, on a nine-year cycle since the law took effect January 1, 2020, with the first round of inspections due by January 1, 2025. A licensed structural engineer or architect has to do the work, examine a statistically valid sample of the property's decks and balconies, and produce a written report that gets folded into the association's reserve study.
That part of the law is not new. What is new is Senate Bill 410, effective January 1, 2026, which amends California Civil Code section 4525, the statute governing what a seller must hand a condo buyer before the sale closes. Under the amendment, the association's most recent structural inspection report is now a required piece of that disclosure package. The report also has to state the total number of units in the project and certify that the inspector evaluated a statistically significant sample, and associations now have to keep the report on file for two full inspection cycles instead of one.
Put simply, a document that used to be something a board might share on request is now something a seller has to produce as a matter of law, at the point of listing, not the point of closing.
Corte Madera's housing stock includes a meaningful share of wood-frame condominium and townhome developments built in exactly the era this law was written for. Meadowcreek Station, tucked south of Paradise Drive at the base of the Ring Mountain and Tiburon Ridge Open Space Preserves, is the best-known example. Built between 1987 and 1990 and designed by the architecture firm of William Turnbull, known for his work at Sea Ranch on the Sonoma coast, the community consists of 84 townhomes and 64 condos arranged around a shared central park, with a total of 148 units under one HOA umbrella.
That structure, dozens of units, shared exterior elements, wood construction, private decks facing a common green, is the exact profile SB 326 was written to cover. Association dues at complexes like this typically fund exterior maintenance and insurance as standing line items, which is also where the money for engineer inspections and any resulting repairs has to come from. None of this means a specific complex is out of compliance. It means that any Corte Madera owner selling into this category of housing needs to know, specifically, whether their association's inspection has been done, when, and whether the report is current enough to hand to a buyer's agent on day one of a listing.
Corte Madera's housing mix includes both HOA-governed condominiums and rental apartment buildings, and the two are covered by different statutes with different clocks. Confusing the two is an easy way to miss a deadline.
| SB 326 (condos and HOAs) | SB 721 (rental apartments) | |
|---|---|---|
| Who it covers | Common interest developments with two or more units | Apartment buildings with three or more units |
| Who can inspect | Licensed structural engineer or architect only | Engineer, architect, or a licensed contractor with qualifying experience |
| Inspection cycle | Every nine years | Every six years |
| First inspection deadline | January 1, 2025 | January 1, 2026, after a one-year extension under AB 2579 |
| Report required in buyer disclosure packet | Yes, as of SB 410, effective January 1, 2026 | No equivalent disclosure requirement in the law as written |
The distinction matters because the disclosure obligation under SB 410 attaches only to the condo side of the ledger. If you own a rental building in Corte Madera, SB 721's inspection clock still applies to you, but the newer disclosure rule does not. If you own or are selling a condo or townhome, it does, and it is the more recent and less understood of the two changes.
The inspection requirement itself has been on the books since 2020. What makes 2026 different is timing pressure from two directions at once. First, the disclosure deadline moved the report earlier in the transaction, from a closing-table formality to a listing-day requirement. Second, the supply of qualified inspectors has not kept pace with statewide demand. One industry financing group tracking the rollout estimated something on the order of a few thousand licensed structural engineers statewide against tens of thousands of condominium complexes now needing reports, a mismatch that has pushed inspection scheduling out by months in some regions.
Lenders have added a third layer. Fannie Mae and Freddie Mac condo questionnaires, the forms a buyer's lender uses to underwrite a loan on a unit in a shared-ownership building, increasingly ask directly for structural safety documentation. A missing or stale inspection report is no longer just a disclosure gap. It can be a financing gap, holding up a buyer's loan approval independent of whatever the seller has or hasn't disclosed.
None of this means a seller should expect delay. It means the sellers who avoid delay are the ones who ask the question early, not the ones who assume the board already has it covered.
If you own a condo or townhome in a Corte Madera association and you are thinking about listing, three things are worth confirming before you talk to an agent about pricing or timing:
A seller who has these answers in hand before listing controls the timeline. A seller who finds out mid-escrow that the report doesn't exist is handing that control to a structural engineer's calendar.
Does this rule apply if I'm selling a single-family home in Corte Madera? No. SB 326 and the disclosure requirement added by SB 410 apply only to common interest developments, meaning condominiums, townhome complexes, and other properties governed by an HOA with shared exterior elements. A stand-alone single-family home has no HOA-level inspection to disclose under this particular law.
What if my HOA has never had the inspection done? Then the report a buyer is entitled to see under SB 410 doesn't exist yet, and someone has to produce it before the disclosure package is complete. The board will need to retain a licensed structural engineer or architect, and depending on scheduling availability in your area, that alone can take weeks. This is the scenario most likely to catch a seller by surprise if the question isn't asked until after escrow opens.
Does this apply to two-story townhomes the same way it applies to taller condo buildings? Yes. SB 326 does not distinguish by building height. Any common interest development with wood-supported balconies, decks, or walkways more than six feet above ground is covered, which puts complexes like Meadowcreek Station, with its private decks facing a shared park, squarely inside the same rule as a taller condo tower.
If you own a condo or townhome in Corte Madera and you're weighing whether now is the right time to list, the disclosure timeline is worth understanding before the pricing conversation starts. First California Realty works with sellers across Marin's condo and single-family markets and can help you find out exactly where your association stands on this requirement before you're under contract. Let's connect, starting with a confidential home valuation.
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