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App-only gates now make an Oregon HOA rental legally unfit

App-only gates now make an Oregon HOA rental legally unfit
Oregon · Compliance

App-only gates now make an Oregon HOA rental legally unfit

An Oregon association that has gone app-only on its gates, garages and amenities has put every owner who rents out a unit in breach of the habitability statute. House Bill 3378 added app-based access control to the list of things a landlord must provide alternatives for, effective January 1, 2026.1

The new habitability element

New ORS 90.320(1)(m) requires:

access control systems operated by a software application operated on a tenant's mobile phone or other electronic device, provided that the landlord also offers the tenant at least one alternative means of access, including an access code or a fob, key card or other tangible key2

The former paragraph (m) — adequate cooling facilities for units permitted on or after April 1, 2024 — was relettered (n).

The bill passed the House 46–12 on March 11, 2025 and the Senate 23–6 on May 13, and was signed on May 22, 2025 as chapter 127, Oregon Laws 2025.

Why it reaches associations

ORS 90.320 is the habitability statute. A dwelling unit that fails it is unfit, and that is a landlord's liability to a tenant.

But in an Oregon planned community or condominium, the landlord frequently does not control the access system. The association does. Gate controllers, garage doors, pool and clubhouse entry, package rooms and fitness facilities are common-element systems, and the move to app-only credentials has been driven by boards and management companies, not by individual owners.

An owner who rents out a unit in a community where the only credential is a phone app cannot, on their own, offer the fob, card, code or tangible key the statute requires. The association holds the means of compliance, and the owner holds the liability.

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What the statute actually requires, precisely

Read the words. The landlord must offer “at least one alternative means of access,” and the statute lists four acceptable forms: an access code, a fob, a key card, or another tangible key.

Three observations follow.

An access code counts. The cheapest compliance route for a board is a keypad code rather than hardware. Where a gate or door controller supports codes, the system may already satisfy the statute without new equipment.

One alternative is enough. The association does not have to abandon its app. It has to make sure a non-app route exists.

The requirement attaches to the tenant, not the unit. The landlord must offer the alternative to the tenant. An association policy that issues fobs only to owners of record, and refuses to issue them to tenants, is the specific pattern that creates the problem.

What a board can do

Audit every access point the association controls, and for each one establish whether a non-app credential is available and whether a tenant can obtain it.

Then fix the policy, not just the hardware. The common failure is an association that has fobs in a drawer but a rule saying they go to owners only, or that charges a fee per fob high enough to be a practical refusal, or that requires an owner to appear in person to collect one for a tenant who has already moved in.

There is also what this implies for the direction of travel. App-only access has been sold to associations as a security and administration benefit — instant revocation, audit logs, no lost fobs. Those benefits are real. The Legislature has decided they do not justify leaving a tenant without a physical way into their own home, and Oregon is unlikely to reverse that.

The wider pattern in 2026

This is one of three Oregon measures in two sessions pushing back on digital-only systems in housing.

Senate Bill 1523, effective June 5, 2026, reaches tenant portals. A landlord using a portal to accept applications must post a printable copy on its website or provide one within seven days of a written request, and must process applications received outside the portal. A landlord may not require the portal as the sole means to verify identification, review and sign addenda, or submit documents, where the applicant or tenant requests an alternative in writing. And on payment:

(1) A landlord shall allow a tenant to make payments by check or other commercially reasonable methods. (2) A landlord may not require a tenant to make payments by debit card, credit card, electronic check, tenant portal or any other form of electronic payment. (3) A landlord may not charge a late fee or terminate a tenancy based on nonpayment of rent or other charge if a landlord refuses to allow a payment offered by the tenant.3

Statutory damages are actual damages or $100, whichever is greater.

Be careful with the read-across, though. Senate Bill 1523 binds landlords. It does not, on its face, require an Oregon association to accept a cheque for assessments. Portal-only billing is now ubiquitous in association management, and this is the Legislature's first statement in Oregon that electronic-only payment cannot be compelled in residential housing — but it is a directional signal, not a rule that binds associations. It should not be overstated.

Our Oregon records inspection page covers what an association must make available to owners, which is the adjacent question about association-held information.

What to watch next

Whether the 2027 session extends the payment-alternatives rule to community associations. The policy logic that produced Senate Bill 1523 — that a resident is not to be locked out of paying by the only means they have — applies identically to an owner paying an assessment. Nothing is drafted, and nothing is in the public pipeline, but the argument is now on the Oregon statute books in an adjacent context.

Related Oregon HOA Topics

← All Oregon HOA Topics

  1. HB 3378, 2025 Regular Session — measure overview and roll calls, OLIS
  2. Enrolled House Bill 3378 (chapter 127, Oregon Laws 2025) — amending ORS 90.320
  3. Enrolled Senate Bill 1523 (chapter 23, Oregon Laws 2026) — tenant portals and payment methods

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