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A bill to legalise hens and beehives in Oregon HOAs died quietly

A bill to legalise hens and beehives in Oregon HOAs died quietly
Oregon · Legislation

A bill to legalise hens and beehives in Oregon HOAs died quietly

Oregon came closer than most people realise to voiding every planned-community covenant that bans a vegetable garden, a backyard hen or a beehive. Senate Bill 59 had a public hearing on February 10, 2025 and then sat in the Senate Committee on Housing and Development for four and a half months until the session ended.1

The bill

The relating clause was “Relating to producing food in planned communities.” Its digest, in the Legislature's plain-language style, ran to one sentence:

This Act allows HOA members or their tenants to grow a garden or raise hens or bees.1

The formal summary: “Allows specified production of food in planned communities by lot owners and their tenants.” Note that it reached tenants as well as owners — a feature that would have cut across rental-related covenants as well as landscape ones.

Who brought it

Chief sponsors were Senator Cedric Hayden and Senator Janeen Sollman, presession filed, at the request of the Sweet Home City Council. That origin matters, and the association lobby made an issue of it.

Who opposed it

Twenty-four submissions were filed: 16 in support, 7 opposed, 1 neutral.

The opposition was the Oregon Legislative Action Committee for Community Associations, through Katie Anderson, CMCA, AMS, PCAM, of Aperion Management Group in Bend — and Charbonneau, a large planned community in Wilsonville, which filed six separate submissions through Greg Leo. The volume from a single community is unusual and suggests a coordinated effort by one association.

Support came from 1000 Friends of Oregon, from the office of Beaverton Mayor Lacey Beaty, from Angelita Sanchez of Sweet Home, and from individual residents in Portland, Beaverton, Turner and St. Paul.

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The association lobby's argument, in full

The CAI committee's letter to the Senate committee sets out the position it takes on every Oregon covenant-override bill, and it is worth reading in the original because it explains why the association sector opposed a bill about chickens as strongly as it opposed a bill about money:

While the intent behind the bill may be to promote sustainable living practices, we believe that a blanket repeal of these provisions is both impractical and detrimental to the integrity of common interest communities.

Homeowners choose to live in common interest communities with the understanding that there are specific governing provisions in place to protect property values, ensure safety, and maintain harmony within the community. One-size-fits-all solutions, such as the repeal proposed in SB 59, fail to recognize the diversity of needs, priorities, and risk factors present in these communities. These provisions often serve to prevent nuisances, manage insurance liabilities, and mitigate health risks.2

Then the local-control argument, which is the committee's signature move:

Importantly, Oregon law already provides for established procedures through which community associations can amend their governing documents. While the threshold for amendments may vary between communities, this process allows for local control and ensures that changes are made thoughtfully and in alignment with the interests of the entire community. SB 59 undermines this local control by imposing a statewide, sweeping change that fails to take into account the unique circumstances of individual communities.

And a jurisdictional counterpunch aimed at the bill's origin:

We understand that this bill is being brought forth at the request of the Sweet Home City Council, and we respectfully recommend that the Council pursue changes within their own municipal ordinance process, rather than advocating for a statewide shift.

The number worth writing down

The same letter puts a figure on the constituency: the committee “represents the interests of approximately 565,000 Oregonians residing in 228,000 homes within more than 3,980 community associations across our state.

By its March and May 2025 letters on House Bill 3545 that figure had become “approximately 585,000 Oregon residents living in condominiums and homeowners associations,” and the organisation's current public figure is 585,000 Oregonians in 240,000 homes across more than 4,000 community associations. Roughly one Oregonian in seven lives under a set of CC&Rs.

The committee where Oregon HOA bills go to die

Senate Bill 59 and House Bill 3545 died in the same committee on the same night — Senate Housing and Development, recorded as “in committee upon adjournment” at 23:15 on June 27, 2025. Neither received a work session. Both had a single public hearing months earlier and then nothing.

For House Bill 3545 that is the more striking outcome, because it had already passed the House 48–4. For Senate Bill 59 it means a bill with bipartisan chief sponsorship and a 16-to-7 testimony split never got a committee vote at all.

What the law actually is, absent the bill

Unchanged. An Oregon planned-community declaration may prohibit vegetable gardens, hens and beehives, and that prohibition is enforceable on ordinary covenant principles subject to the usual reasonableness analysis. There is no Oregon statute creating a right to produce food on a lot in a planned community.

What does exist is a patchwork of narrow overrides the Legislature has enacted one at a time — solar panels at ORS 94.778, electric vehicle charging at ORS 94.762 and ORS 100.627, portable cooling devices at ORS 94.779(6), irrigation requirements during drought at ORS 94.779(1), manufactured dwellings at ORS 94.776(3), density and ADUs at ORS 94.776(1), and fire-hardened materials from 2026. Food production is not on that list. Our Oregon architectural review page covers what a board may and may not require.

Local ordinances are a separate question and run on their own track. A city that permits backyard hens has not thereby amended anybody's CC&Rs — which is exactly the point the association lobby made to the Sweet Home City Council.

What to watch next

Whether it returns in 2027. The bill had two chief sponsors from different parties, an organised municipal requester, and support from 1000 Friends of Oregon and a metro-area mayor's office. What it did not have was a committee willing to schedule a work session. Nothing in the 2025–26 interim record shows any Oregon committee taking up community-association governance at all, so a 2027 reintroduction would be starting from the same place.

Related Oregon HOA Topics

← All Oregon HOA Topics

  1. SB 59, 2025 Regular Session — measure overview, digest, sponsors and history, OLIS
  2. Testimony of the Oregon CAI Legislative Action Committee opposing SB 59, February 2025
  3. Senate Bill 59 as introduced — full text

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