Opinion: My daughter died when a balcony collapsed. A new bill could weaken building safety laws

On June 16, 2015, my daughter Ashley, my niece Olivia and four of their friends died when the Berkeley balcony collapsed because of a construction defect. 

My life has forever been changed, yet despite the heartache, I’ve worked tirelessly to ensure that no mother loses their child to a preventable death. I helped get legislation signed preventing secret settlements for construction defects and improving California’s balcony inspection laws. Unfortunately, that progress is being threatened by a bill in Sacramento that would undo California’s construction defect consumer protection laws. 

Assemblymember Buffy Wicks (D – Berkeley) introduced Assembly Bill 1903 with the goal of encouraging more condominium construction. We all support more housing for Californians. The problem is the bill was written by developers and contains a wish list of changes that guts California’s long-standing Right to Repair Act which helps ensure construction defects get fixed to avoid injury and death. 

Proponents are incorrectly claiming that construction defect lawsuits have single-handedly stopped condominium construction. The facts tell a different story. Condo construction across the country has gone down in recent years for a variety of reasons including construction cost increases, builder preference for apartments, federal mortgage requirements limiting eligible buyers and after the 2008 financial crisis, condo values decreased, causing the condo market share of housing to drop from 14% nationally to under 5%. 

A recent report found that condo construction material costs are up 20–30% above pre-2020 levels, labor costs are up 20–30% over the past five years, local government and impact fees and regulatory costs can range from 10-40% of total development costs, yet liability insurance for condominium construction represents only 1.6–2% of hard construction costs, indicating that broader cost pressures and industry dynamics—not construction defect liability exposure—are the primary factors constraining condominium production. 

The examples of consumer harm that can result from the bill are alarming. It would require that another Berkeley balcony collapse happen and damages to property or health occur before homeowners can sue to resolve construction defect issues. The compromise from consumer groups prevents frivolous lawsuits but still allows homeowners to address violations of construction performance standards. 

Another issue is the bill limits condo homeowners’ association use of statistical sampling and extrapolation to determine if there are construction defects. Some condo developments have hundreds of balconies and instead of sampling all of them which would be too costly, just a sampling is examined to ensure safety for residents. The

compromise from consumer groups would allow builders the opportunity to be present during the testing to address their concern of fraudulent claims. 

And one of the most glaring issues with the bill is the developer’s idea of being able to hire their own privately retained inspectors to certify compliance with construction standards and obtain immunity from construction defects. This is like the fox guarding the hen house. It completely throws out the current fair and balanced system where the homeowner’s inspection information and the builder’s inspection information is provided to a neutral third party arbitrator as part of the dispute resolution process. The compromise amendments from consumer groups provide builders with more certainty that they can fix defects and avoid litigation, including (1) detailed notice, (2) allowing releases of liability, (3) credit for fixes with insurers, and (4) dismissal if these requirements are not met. 

I’ve decided to speak out on this issue because there is a path for compromise that can address developer concerns around frivolous lawsuits but still safeguard protections for consumers. Groups like Consumer Watchdog and Consumer Attorneys have offered amendments to remove their opposition and I encourage Assemblymember Wicks to accept them. 

Assemblymember Wicks has been a champion for consumers and a leader in addressing California’s housing crisis. By accepting the compromise amendments, she can still make the most meaningful pro-developer changes to California’s Right to Repair Act in decades but do it in a fair and balanced way. 

June 16 will be the 11th anniversary of my daughter’s death. No one should have to go through the pain and loss our family suffered after the Berkeley balcony collapse. Let this anniversary serve as a reminder to Assemblymember Wicks and the members of the Senate Judiciary Committee to amend AB 1903 in a way that encourages new construction but still protects consumers and saves lives. 

Jackie Donohoe is the mother of Ashley Donohoe, one of six young adults killed in the Berkeley balcony collapse of 2015.