Oregon HOA Governing Statute

Overview — How HOAs are governed in Oregon

Oregon governs common interest communities through two parallel, purpose-built statutes rather than a single unified code. Planned communities — the category covering most single-family homeowner associations — operate under the Oregon Planned Community Act, ORS 94.550 to 94.783.¹ Condominiums fall under a separate law entirely: the Oregon Condominium Act, ORS chapter 100, which carries its short title at ORS 100.010.²

The Planned Community Act traces back to 1981 and took its current class-based form on January 1, 2002; the Condominium Act dates to 1963 and has been amended many times since.^1,3 Oregon stands out as one of a small group of states that expressly requires associations to maintain a dedicated reserve account and base reserve funding on a formal reserve study and written maintenance plan. The planned community requirement sits at ORS 94.595; the condominium counterpart is at ORS 100.175.^4,5 Oregon is not a Uniform Common Interest Ownership Act state. Both statutes are homegrown Oregon law, and UCIOA features — including owner budget ratification — do not apply here.⁶

The practical consequence is direct: the right statute depends entirely on the form of ownership. Property managers and board members must first determine whether a community is a planned community under chapter 94 or a condominium under chapter 100, because these chapters carry separate, non-overlapping obligations.

The statutory framework

The Oregon Planned Community Act

The Oregon Planned Community Act runs from ORS 94.550 to 94.783.¹ It governs planned communities — subdivisions where owners share collective responsibility for maintenance, operation, insurance, or other expenses tied to common property, as defined at ORS 94.550.⁷ The legislature enacted the Act in 1981 and structured it around communities created on or after January 1, 2002.⁷ The legislative findings at ORS 94.560 describe the Act as Oregon's own response to problems homeowner associations faced under a legal landscape where the condominium law simply did not fit.⁸ The Act divides communities into Class I, Class II, and Class III categories based on lot count and assessment levels. ORS 94.570 and 94.572 determine which provisions apply to each class and which reach communities formed before 2002.⁹ Recording a declaration creates a planned community. ORS 94.580 sets out what that declaration must include: allocation of votes, assessment authority, and use restrictions.⁷ Key defined terms — "assessment," "common property," "declarant," "lot," "homeowners association," and "governing document" — appear at ORS 94.550.⁷

The reserve obligation at ORS 94.595 requires a dedicated reserve account, an annual reserve study or update, and a written maintenance plan covering common property the association maintains.⁴ Oregon does not offer associations a resale certificate statute equivalent to what many states use. Instead, ORS 94.670 anchors the disclosure function. Under ORS 94.670(8)(a), the association must provide a written statement of unpaid assessments, late charges, accrued interest, and applicable rates to any owner who submits a written request — and it must do so within 10 business days. The association must also furnish records and financial statements to owners and prospective purchasers on request.¹⁰ The declaration and recorded CC&Rs supplement the Act by establishing the community-specific covenants, architectural standards, and assessment formulas the statute anticipates but does not itself supply.

The Oregon Condominium Act

The Oregon Condominium Act occupies ORS chapter 100 and carries that citation as its short title at ORS 100.010.² It dates to 1963 and has been extensively amended in the years since.³ The Act governs condominiums — the form of ownership in which each owner holds a unit plus an undivided interest in common elements. Recording a declaration that complies with ORS 100.105 creates a condominium. That declaration, along with supplemental declarations and amendments, requires approval from the Real Estate Commissioner under ORS 100.015 and 100.110 — a layer of state oversight that has no counterpart in the Planned Community Act.¹¹ Key defined terms at ORS 100.005 include "unit," "common elements," "limited common elements," "association of unit owners," "declarant," and "voting rights."¹²

The reserve obligation at ORS 100.175 mirrors the planned community structure: a reserve account, an annual reserve study or update, and a written maintenance plan.⁵ ORS 100.175 also carries a condominium-specific exemption: the reserve study and maintenance plan requirements generally do not apply to condominiums of one or two units. Flexible and staged condominiums created on or after September 27, 2007, receive separate treatment as well.⁵ Resale and developer disclosure obligations are more prescriptive under chapter 100 than under chapter 94. Developers must deliver a disclosure statement under ORS 100.655. ORS 100.480 governs the association's records, annual financial statement, and document production.^13,14 The two chapters stand independently. A condominium obligation does not bind a planned community, and a planned community obligation does not bind a condominium.

The role of CC&Rs and corporate law

Within each statutory framework, authority flows from the statute down through the recorded declaration and CC&Rs, then to the bylaws, and finally to board-adopted rules. For planned communities, ORS 94.770(4) provides that where the Planned Community Act and the Oregon Nonprofit Corporation Act, ORS chapter 65, both apply and conflict, the Planned Community Act controls.¹⁵ The condominium parallel is ORS 100.100, which provides that where chapter 100 and chapter 65 conflict, chapter 100 controls.¹⁶ Most Oregon associations organize as nonprofit corporations. ORS chapter 65 supplies the corporate machinery for directors, officers, meetings, and recordkeeping that the community statutes assume is in place. ORS 94.625 directs planned community associations to organize as nonprofit corporations under chapter 65.¹⁷ The recorded declaration and CC&Rs operate as a contract among owners and run with the land, adding community-specific covenants that supplement the statute. Common law contract and property doctrine fills remaining gaps — governing interpretation of ambiguous covenants, enforcement of equitable servitudes, and the running of restrictions with title.

Compliance obligations created by the statutory framework

Governance obligations

For planned communities, ORS 94.640 sets out board authority and duties. ORS 94.644 governs board meeting notice and executive session rules. ORS 94.650 addresses owner meeting notice.^18,19 Board meetings must be open to owners, with notice posted at least three days before any non-emergency meeting or delivered by a method reasonably calculated to inform owners.¹⁹ Executive sessions are confined to enumerated subjects: consultation with legal counsel, personnel matters, contract negotiation, and collection of unpaid assessments.¹⁸ For condominiums, ORS 100.417 covers board powers, ORS 100.420 governs board meetings and executive sessions, and ORS 100.407 addresses annual and special meetings.²⁰ These governance obligations are mandatory, though many procedural details may be supplemented by the declaration or bylaws.

Financial obligations

For planned communities, the board must adopt an annual budget that includes reserve allocations and distribute a budget summary to all owners within 30 days, as ORS 94.645 requires.²¹ The reserve obligation at ORS 94.595 requires a dedicated reserve account kept separate from operating funds, an annual reserve study or update, and a written maintenance plan. The reserve account funds major maintenance, repair, or replacement of common property that will normally require major work in more than one but fewer than 30 years.⁴ For communities recorded before October 23, 1999, the reserve study and maintenance plan requirements kick in only after the board adopts a resolution or a majority of owners petition, with completion required within one year.⁴ The condominium counterpart at ORS 100.175 imposes the same reserve account, reserve study, and maintenance plan structure — with the one-to-two-unit exemption noted above. ORS 100.483 requires an annual budget and budget summary to owners within 30 days.^5,22

Both chapters require independent CPA review of the financial statement for associations whose annual assessments exceed $75,000. ORS 94.670(5) requires planned community associations with annual assessments over $75,000 to have the financial statement reviewed within 300 days after the fiscal year ends by an independent certified public accountant licensed in Oregon. ORS 100.480(5) imposes the identical requirement for condominiums; owners may opt out annually through an affirmative vote of at least 60 percent of the owners.^10,14 These reserve obligations are mandatory and stricter than what most states require. Oregon does not treat reserve funding as discretionary, and the board generally cannot vote to eliminate required reserve funding.⁴ Lien authority for unpaid assessments runs through ORS 94.709 for planned communities and ORS 100.450 for condominiums.^23,24

Disclosure obligations

For planned communities, ORS 94.670 requires the association to maintain records and to furnish documents and a written statement of unpaid assessments to owners and prospective purchasers within 10 business days of a written request.¹⁰ For condominiums, ORS 100.480 governs document and financial statement production, and ORS 100.655 governs the developer disclosure statement at initial sale.^14,13 Financial reporting obligations — including the CPA review threshold of $75,000 in annual assessments — are mandatory under both chapters.

Dispute resolution obligations

Both statutes require notice and an opportunity to be heard before certain board actions, and both impose a pre-litigation notice regime. For planned communities, ORS 94.662 requires the association to notify affected owners before commencing certain judicial or administrative proceedings and gives owners a right to opt out.²⁵ For condominiums, ORS 100.490 imposes the parallel notice and opt-out structure.²⁶ The Planned Community Act's powers provision encourages mediation before litigation in defined circumstances.²⁷ These dispute resolution obligations are mandatory where the statute applies.

Oregon's recent legislative and judicial activity

Recent bills

Oregon's 2025 legislative session produced one major change to HOA law, tightening timelines and procedures around construction defect claims.

Recent court rulings

Oregon appellate courts have clarified how the community statutes interact with corporate law and with collection remedies in two notable decisions.

Active legislative debates

Oregon lawmakers are working through an unresolved policy question about how association assessments interact with county tax foreclosures.

National positioning and related coverage

Oregon belongs to the group of comprehensive non-UCIOA states that governs common interest communities through detailed, home-grown statutes — alongside California, Florida, Texas, Arizona, Virginia, Maryland, and Ohio — rather than the uniform act. Oregon's most distinctive features are its two parallel purpose-built statutes, one for planned communities and one for condominiums, and its mandatory reserve study and reserve account requirements at ORS 94.595 and ORS 100.175, which set a stricter standard than most states impose.^4,5 For multi-state operators, the practical implication is clear: Oregon compliance cannot be ported from a UCIOA state. The manager must apply the correct chapter to each community and treat reserve studies as a recurring statutory duty, not a best practice.

Federal frameworks — including fair housing, fair debt collection, and flood insurance requirements — also apply to Oregon associations and are tracked separately in HOA Weekly's federal coverage.

Closing note

Oregon's dual-statute framework rewards careful attention to one threshold question: which chapter governs your community. The Planned Community Act and the Condominium Act each impose independent obligations, and a misstep on that threshold sends an association down the wrong compliance path. The reserve study requirement, the CPA review threshold, the Real Estate Commissioner approval process for condominiums — none of these carry over from one chapter to the other. For property managers, board members, and counsel operating across Oregon communities of both types, treating the two statutes as distinct regimes rather than interchangeable alternatives is the safest starting point. HOA Weekly updates this coverage quarterly to reflect new legislation, regulatory guidance, and appellate rulings.

Footnotes

1. Oregon Legislature, Oregon Revised Statutes §§ 94.550–94.783, Oregon Planned Community Act ↩ ↩ ↩
2. Oregon Legislature, Oregon Revised Statutes § 100.010, Short title (Oregon Condominium Act) ↩ ↩
3. Oregon Legislature, Oregon Revised Statutes ch. 100 (Condominiums), enacted 1963 and subsequently amended ↩ ↩
4. Oregon Legislature, Oregon Revised Statutes § 94.595, Reserve account; reserve study; written maintenance plan for planned communities ↩ ↩ ↩ ↩ ↩ ↩
5. Oregon Legislature, Oregon Revised Statutes § 100.175, Reserve account; reserve study; written maintenance plan for condominiums; one-to-two-unit exemption ↩ ↩ ↩ ↩ ↩
6. Oregon Legislature, Oregon Revised Statutes chs. 94 and 100 (independently drafted Oregon law; not derived from the Uniform Common Interest Ownership Act) ↩
7. Oregon Legislature, Oregon Revised Statutes § 94.550, Definitions; class classifications; January 1, 2002 applicability framework; § 94.580, Contents of declaration ↩ ↩ ↩ ↩
8. Oregon Legislature, Oregon Revised Statutes § 94.560, Legislative findings ↩
9. Oregon Legislature, Oregon Revised Statutes § 94.570, Applicability of ORS 94.550 to 94.783; § 94.572, Applicability to Class I or Class II planned communities ↩
10. Oregon Legislature, Oregon Revised Statutes § 94.670, Association duty to keep documents and records; CPA review threshold of $75,000 in annual assessments; written statement of unpaid assessments within 10 business days ↩ ↩ ↩
11. Oregon Legislature, Oregon Revised Statutes § 100.105, Contents of declaration; § 100.015, Regulation by Real Estate Commissioner; § 100.110, Approval of declaration, supplemental declaration, or amendment ↩
12. Oregon Legislature, Oregon Revised Statutes § 100.005, Definitions ↩
13. Oregon Legislature, Oregon Revised Statutes § 100.655, Disclosure statement; contents ↩ ↩
14. Oregon Legislature, Oregon Revised Statutes § 100.480, Maintaining documents and records; annual financial statement; CPA review threshold of $75,000 in annual assessments ↩ ↩ ↩
15. Oregon Legislature, Oregon Revised Statutes § 94.770(4), Conflict between the Oregon Planned Community Act and ORS chapter 65; Planned Community Act controls ↩
16. Oregon Legislature, Oregon Revised Statutes § 100.100, Conflict between chapter 100 and ORS chapter 65; chapter 100 controls ↩
17. Oregon Legislature, Oregon Revised Statutes § 94.625, Formation of homeowners association as nonprofit corporation under ORS chapter 65 ↩
18. Oregon Legislature, Oregon Revised Statutes § 94.640, Association board of directors; powers and duties; meetings; executive sessions ↩ ↩
19. Oregon Legislature, Oregon Revised Statutes § 94.644, Meetings of board of directors; notice; executive sessions; § 94.650, Meetings of lot owners; notice ↩ ↩
20. Oregon Legislature, Oregon Revised Statutes § 100.417, Board powers and duties; § 100.420, Board meetings; executive sessions; § 100.407, Annual and special meetings of association ↩
21. Oregon Legislature, Oregon Revised Statutes § 94.645, Adoption of annual budget; distribution of budget summary to owners within 30 days; reserve allocation under ORS 94.595 ↩
22. Oregon Legislature, Oregon Revised Statutes § 100.483, Annual budget; distribution of budget summary to owners within 30 days ↩
23. Oregon Legislature, Oregon Revised Statutes § 94.709, Liens against lots; priority; foreclosure procedure ↩
24. Oregon Legislature, Oregon Revised Statutes § 100.450, Association lien against individual unit; recording notice of claim; foreclosure; priority of lien ↩
25. Oregon Legislature, Oregon Revised Statutes § 94.662, Notice to lot owners of intent to commence judicial or administrative proceeding; right of lot owner to opt out ↩
26. Oregon Legislature, Oregon Revised Statutes § 100.490, Notice to unit owners of intent to commence legal proceedings; unit owner right to opt out; meeting required prior to construction defect claim ↩
27. Oregon Legislature, Oregon Revised Statutes § 94.630, Powers of association, including dispute resolution and mediation before certain litigation ↩
28. Oregon Legislative Information System, H.B. 3746, 83rd Leg. Assemb., Reg. Sess. (Or. 2025) (overview; Chapter 578, Oregon Laws 2025; amendments to ORS 12.135, 94.662, and 100.490) ↩
29. Oregon Legislative Information System, H.B. 3746, 83rd Leg. Assemb., Reg. Sess. (Or. 2025) (enrolled text; seven-year repose period; moisture intrusion inspection requirements; owner notice and board approval procedures) ↩
30. Deltawood Cmty. Ass'n v. Williford, Or. Ct. App. (2021) (interpreting ORS 94.770(4); articles-of-incorporation amendment not in conflict with declaration-amendment procedure) ↩
31. Unit Owners of Cornell Meadows Condo. v. Jensen, 321 Or. App. 623, 518 P.3d 609 (2022), rev. den'd (interpreting ORS 100.450; condominium association assessment lien survives personal judgment; statutory exception to election of remedies doctrine) ↩
32. Oregon Legislative Information System, H.B. 4064, 84th Leg. Assemb., Reg. Sess. (Or. 2026) (introduced and referred to committee; accrual of association assessments on property deeded to county through tax foreclosure) ↩