Oregon HOA Compliance

Oregon HOA Compliance

3. Compliance topics grid

06
Governing Statute
Governance
Fining Authority
Governance
Board Elections
Governance
Director Qualifications
Governance
Records Inspection
Governance
Budget Approval
Governance
05
Reserve Studies
Finance
Assessment Limits
Finance
Collections & Liens
Finance
Foreclosure
Finance
Insurance Requirements
Finance
05
Architectural Review
Property & Mods
Solar Rights
Property & Mods
EV Charging
Property & Mods
ADUs & Modifications
Property & Mods
Fence & Exterior
Property & Mods
05
Short-Term Rentals
Resident Use
Flag Display
Resident Use
Political Signs
Resident Use
Religious Displays
Resident Use
Pet Restrictions
Resident Use
02
Condo Safety Inspections
Safety & Upkeep
Water Conservation
Safety & Upkeep
02
Mediation & Dispute Resolution
Transactions
Estoppel & Resale
Transactions

1. Introduction

Oregon regulates homeowners associations primarily through the Oregon Planned Community Act, ORS 94.550 to 94.783, which reaches planned communities that sit outside the Oregon Condominium Act.1 The Oregon Condominium Act, ORS chapter 100, governs condominium associations separately.2 Oregon's state court path for HOA disputes typically begins in circuit court, moves to the Oregon Court of Appeals, and may reach the Oregon Supreme Court on discretionary review.3 The state resources reviewed do not identify a dedicated HOA regulatory agency. Oregon instead runs a statutory association framework, licenses property managers through the Oregon Real Estate Agency, and routes general consumer complaints through the Oregon Department of Justice.4,5

Recent HOA-relevant activity in Oregon leans more legislative than judicial. Lawmakers have signed measures on construction-defect claims and planned-community housing restrictions, and appellate courts have weighed in on association water access and easement disputes.6,7,8 On the national map, Oregon sits among states with detailed planned-community and condominium statutes, periodic legislative revisions, and private enforcement through the courts rather than a standalone HOA regulator.9

2. Primary statute and key resources

  • Oregon Planned Community Act, ORS 94.550 to 94.783. Official ORS chapter 94 sets the planned-community statute for Oregon homeowners associations.10
  • Oregon Condominium Act, ORS chapter 100. The chapter governs Oregon condominium property rights and condominium associations.11
  • Oregon Judicial Department, state court system. Oregon identifies circuit courts as trial courts, the Court of Appeals as the first appellate level, and the Supreme Court as the highest state court.12
  • Oregon Real Estate Agency, property manager licensing. Oregon licenses property managers for rental real estate but does not list a separate community-association-manager license on this page.13
  • Oregon Department of Justice, Consumer Protection. ODOJ receives consumer complaints, enforces consumer protection laws, and maintains consumer complaint resources.14

4. Oregon's recent regulatory landscape

Recent Legislation

Oregon's 2025-26 docket signed three measures on fire-hardened materials, construction-defect procedure, and manufactured-dwelling protections, with one tax-foreclosure bill held in committee.

Status Signed
Last verified May 9, 2026
Docket

SB 1551 · 2026 Regular Session

Effective
June 5, 2026
Sunset
N/A
Relating to fire hardening of residential properties

The Governor signed SB 1551 into law. The measure invalidates deed restrictions and planned-community governing documents that prohibit replacing nonfire-hardened building materials with fire-hardened materials on residential property.[15]

What this means, by role
Property managers Review architectural-review standards for fire-hardened materials and remove categorical bans before the effective date.
HOA board members Budget and design guidelines should account for owner requests to replace vulnerable exterior materials.
Community association attorneys Declaration and rule language should be checked for conflicts with the new fire-hardening rule.
Homeowners Owners may have a state-law basis to seek approval for qualifying fire-hardened replacements.
Status Signed
Last verified May 9, 2026
Docket

HB 3746 · 2025 Regular Session

Effective
Jan. 1, 2026
Sunset
N/A
Relating to real property

The Governor signed HB 3746 into law, effective Jan. 1, 2026. OREA describes the bill as reforming construction-defect claim procedures for homeowners and condominium associations. It sets a seven-year tort limitation period, requires moisture-intrusion inspections at two and six years after substantial completion, adds defect-litigation notices, and applies to developments with declarations recorded after the effective date.[16][17]

What this means, by role
Property managers Add construction-defect notice, inspection, and limitation-period dates to transition and warranty calendars for covered developments.
HOA board members Owner communication and litigation votes need more formal process before defect claims proceed.
Community association attorneys Claim intake should test declaration date, repose, notice, inspection, and owner-approval requirements early.
Homeowners Defect litigation may involve more notices, inspections, and shorter claim windows in covered communities.
Status Signed
Last verified May 9, 2026
Docket

HB 3144 · 2025 Regular Session

Effective
Jan. 1, 2026
Sunset
N/A
Relating to dwellings

The Governor signed HB 3144 into law, effective Jan. 1, 2026. OREA states that the measure prohibits new community rules from banning manufactured homes or prefabricated structures in planned communities that allow other types of residential housing.[18][19]

What this means, by role
Property managers Architectural and use-restriction review should distinguish existing covenants from new rules adopted after the effective date.
HOA board members New rule projects should not impose blanket bans on manufactured or prefabricated dwellings where other housing is allowed.
Community association attorneys Drafting should track the statute's recorded-instrument and governing-document language.
Homeowners Owners in covered planned communities may have arguments against new blanket bans on these dwelling types.
Status In committee upon adjournment
Last verified May 9, 2026
Docket

HB 4064 · 2026 Regular Session

Effective
N/A
Sunset
N/A
Relating to acquisitions of real property by foreclosure for delinquent taxes

HB 4064 proposed rules for when homeowners and condominium association assessments accrue on property deeded to a county in the tax-foreclosure process.[20]

What this means, by role
Property managers County-owned parcels in associations remain a budget and title-monitoring risk when assessment accrual is disputed.
HOA board members Reserve planning should account for delayed or disputed assessment recovery on tax-foreclosed lots.
Community association attorneys County acquisition, lien priority, and assessment-accrual language remain policy-watch issues.
Homeowners Cost shifts from unpaid assessments may affect owners in communities with tax-foreclosed property.

Recent Court Rulings

Two Court of Appeals opinions frame Oregon's recent HOA case law: a water-tank infrastructure dispute and a community-well access claim with related conduct issues.

Status Final — nonprecedential memorandum
Last verified May 9, 2026
Case

Roxy Ann Heights Homeowners Assn. v. Wilson

Oregon Court of Appeals · 340 Or App 107 (2025)
Decided
Apr. 23, 2025
Court
Or. Ct. App.

In a nonprecedential memorandum opinion, the Court of Appeals affirmed judgments for the HOA in a dispute over replacement water tanks. The court concluded that the trial court did not err on contract, promissory estoppel, easement-relocation, declaratory-relief, or fee-apportionment issues. The case is a reminder that owner acquiescence and project reliance can matter when association infrastructure crosses private parcels.[21][22]

What this means, by role
Property managers Document owner consents and project reliance before contractors start work on private lots.
HOA board members Infrastructure projects need written approvals and meeting records that tie owner consent to final plans.
Community association attorneys Easement relocation and promissory-estoppel theories may support relief when the record shows consent and reliance.
Homeowners Informal approval of association work can have later legal consequences if the association relies on it.
Status Final
Last verified May 9, 2026
Case

Ricard v. Klamath Falls Forest Estates Homeowners' Association, Inc.

Oregon Court of Appeals · 328 Or App 46, 536 P3d 1013 (2023)
Decided
Sept. 13, 2023
Court
Or. Ct. App.

The Court of Appeals affirmed summary judgment on a source-of-income real-property discrimination claim involving access to an HOA community well. The court reversed and remanded the intentional-infliction-of-emotional-distress claim against three individual defendants because that issue had not been contested in the summary-judgment motion. For associations, the case ties rule enforcement, facilities access, board-member conduct, and litigation procedure into a single risk file.[23][24]

What this means, by role
Property managers Well, gate, and amenity access decisions should be documented with neutral criteria and consistent application.
HOA board members Board-member conduct outside formal votes can become part of a claims record.
Community association attorneys Summary-judgment motions should address each capacity and claim that the order is expected to resolve.
Homeowners Facilities-access disputes may involve both association rules and individual conduct by board members.

Regulatory Developments

Oregon's primary regulator activity is the Real Estate Agency's 2025 legislative round-up, which flags HOA-relevant statutory changes without providing guidance.

Status Published
Last verified May 9, 2026
Agency

Oregon Real Estate Agency

2025 Legislative Round-Up · September 2025
Issued
Sept. 2025
Type
Summary

OREA published a 2025 legislative round-up for the real-estate industry. The summary identifies HB 3746 construction-defect reforms for homeowners and condominium associations and HB 3144 restrictions on new planned-community bans on manufactured or prefabricated dwellings.[25] OREA states on the same page that it cannot provide guidance on the new laws.[26]

What this means, by role
Property managers Agency summaries are useful issue-spotters but should not replace statutory review or counsel.
HOA board members Board packets should attach source law, not only agency summaries, when adopting rules.
Community association attorneys OREA's summary helps triage topics but leaves interpretation to statutory text and legal analysis.
Homeowners State agency summaries can flag changes, but legal rights still turn on the statutes.

Active Policy Debates

The latest Oregon HOA policy docket points to wildfire hardening, construction-defect procedure, manufactured and prefabricated dwellings, tax-foreclosure assessment accrual, and portable solar devices as recurring issues for the next 12 to 24 months.27 A separate 2026 proposal, HB 4080, would have limited homeowner and condominium association restrictions on portable solar photovoltaic devices, placing solar-use limits on the same watchlist as wildfire and housing-supply measures.28

5. Closing note

HOA Weekly's Oregon coverage will expand as new bills, appellate rulings, and regulatory materials emerge. Federal frameworks — including the Fair Housing Act (FHA), ADA, FDCPA, SCRA, and OTARD rules — also apply in fact-specific ways to Oregon associations. Federal coverage will live at /federal/ once that section is built.29,30,31,32,33

Footnotes

  1. Oregon Revised Statutes, Chapter 94, including ORS 94.550 to 94.783, Oregon Planned Community Act
  2. Oregon Revised Statutes, Chapter 100, Condominiums
  3. Oregon Judicial Department, About Us, state circuit courts, Court of Appeals, and Supreme Court
  4. Oregon Real Estate Agency, Property Manager Licensing
  5. Oregon Department of Justice, Consumer Protection
  6. Oregon Real Estate Agency, 2025 Legislative Round-Up
  7. Roxy Ann Heights Homeowners Assn. v. Wilson, Oregon Court of Appeals, 340 Or App 107 (2025)
  8. Oregon Revised Statutes annotations to ORS 659A.421, Ricard case note; Ricard v. Klamath Falls Forest Estates HOA, republished Oregon Court of Appeals opinion, 328 Or App 46 (2023)
  9. Oregon Revised Statutes, Chapter 94, Oregon Planned Community Act
  10. Oregon Revised Statutes, Chapter 94, including ORS 94.550 to 94.783
  11. Oregon Revised Statutes, Chapter 100, Condominiums
  12. Oregon Judicial Department, About Us, Oregon state court structure
  13. Oregon Real Estate Agency, Property Manager Licensing
  14. Oregon Department of Justice, Consumer Protection
  15. Oregon Legislative Information System, SB 1551, 2026 Regular Session
  16. Oregon Legislative Information System, HB 3746, 2025 Regular Session
  17. Oregon Real Estate Agency, 2025 Legislative Round-Up, House Bill 3746
  18. Oregon Legislative Information System, HB 3144, 2025 Regular Session
  19. Oregon Real Estate Agency, 2025 Legislative Round-Up, House Bill 3144
  20. Oregon Legislative Information System, HB 4064, 2026 Regular Session
  21. Roxy Ann Heights Homeowners Assn. v. Wilson, Oregon Court of Appeals, 340 Or App 107 (2025)
  22. Roxy Ann Heights Homeowners Assn. v. Wilson, Oregon Court of Appeals, conclusion and disposition
  23. Oregon Revised Statutes annotations to ORS 659A.421, Ricard case note; Ricard v. Klamath Falls Forest Estates HOA, republished Oregon Court of Appeals opinion, 328 Or App 46 (2023)
  24. Ricard v. Klamath Falls Forest Estates HOA, 328 Or App 46, 536 P3d 1013 (2023)
  25. Oregon Real Estate Agency, 2025 Legislative Round-Up
  26. Oregon Real Estate Agency, 2025 Legislative Round-Up, agency guidance note
  27. Oregon Legislative Information System, SB 1551, 2026 Regular Session
  28. Oregon Legislative Information System, HB 4080, 2026 Regular Session
  29. U.S. Department of Housing and Urban Development, Housing Discrimination Under the Fair Housing Act
  30. ADA.gov, Americans with Disabilities Act Title III Regulations
  31. Consumer Financial Protection Bureau, Regulation F, Fair Debt Collection Practices Act
  32. U.S. Department of Justice, Servicemembers Civil Relief Act summary
  33. Federal Communications Commission, Over-the-Air Reception Devices Rule