Oregon HOA Laws

Condominium and homeowners associations are subject to certain provisions within the Oregon Revised Statutes. Understanding these Oregon HOA laws is the first step in ensuring protection from legal liability.


For Planned Communities

The Oregon Planned Community Act regulates the creation, authority, management, and operation of residential planned communities such as homeowners associations. It covers the adoption of the annual budget, voting rules, insurance requirements, assessments, and liens, among other things.

You can find the Oregon Planned Community Act under Title 10, Chapter 94 of the Oregon Revised Statutes. It consists of 6 sections, each one broken down further into subsections.

Section 1 – General Provisions

Section 2 – Creation of Planned Community

Section 3 – Declarant Control; Turnover of Administrative Control

Section 4 – Homeowners Association; Management of Planned Community

Section 5 – Assessments and Liens Against Lots; Easements

Section 6 – Miscellaneous


For Condominiums

The Oregon Condominium Act governs the creation, conversion, common expenses, apportionment of interest, management, and powers of condominium associations in the state. It also covers voting rights, insurance, association administration, and insurance requirements.

You can find the Oregon Condominium Act under Title 10, Chapter 100 of the Oregon Revised Statutes. It consists of 22 sections, listed below.


Oregon HOA Laws on Corporate Governance

The Oregon Nonprofit Corporation Act regulates the corporate procedure, structure, and management of non-profit corporations in the state. In Oregon, homeowners associations must establish themselves as either non-profit or for-profit corporations. For the former, HOAs must adhere to the Oregon Nonprofit Corporation Act.

The same goes for condominium associations formed on or after September 27, 2007. There are exceptions to this, though, such as when the condominium only has four units or less, not including the units used for storage, parking, or other use ancillary to a unit.

You can find the Oregon Nonprofit Corporation Act under Chapter 65 of the Oregon Revised Statutes. It contains the following sections:


Oregon HOA Laws on Solar Rights

Under the HOA laws of Oregon, homeowners associations can’t prohibit members from installing solar energy devices such as solar panels on their property. Such laws can be found under Chapter 94 and Chapter 105 of the Oregon Revised Statutes. If a planned community has provisions within their declaration or bylaws that forbid solar panels, those provisions are considered void and unenforceable. However, associations may regulate the size and placement of the panels.


Oregon HOA Laws on Fair Debt Collection

The federal Fair Debt Collection Practices Act protects consumers from unfair debt collection practices. The Oregon Unfair Debt Collection Practices Act offers similar protections on a state level. Under the Act, homeowners are considered consumers, and HOA dues are considered debts. The term “debt collector,” though, only applies to third-party collectors and not the homeowners association itself.

Homeowners who have become victims of unfair collection practices can report the matter to the Federal Trade Commission, the Consumer Financial Protection Bureau, or the Oregon Department of Justice. Alternatively, victims can also sue the debt collector in federal or state court.


Fair Housing

Oregon Revised Statutes Section 659A offers protection to persons against discrimination based on color, race, national origin, sex, sexual orientation, religion, familial status, marital status, disability, or source of income. It contains similar provisions as the federal Fair Housing Act.

Housing discrimination victims can lodge a complaint with the U.S. Department of Housing and Urban Development or the Bureau of Labor and Industries. On the other hand, victims can also file a private lawsuit in federal district court.

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