Getting Your Oregon HOA's Records

Oregon's Planned Community Act gives homeowners a direct right to inspect and copy association records — and it specifies both what must be provided and the limited categories the board may lawfully withhold. For your specific situation, a licensed Oregon attorney is the right resource. This is general information, not legal advice.

How long does an Oregon HOA have to provide records?

It depends on the record. Under ORS ch. 94, ORS 94.670(11), an Oregon association must furnish core documents it must keep, such as the declaration, bylaws, current rules, latest annual financial statement, operating budget and any reserve study, within 10 business days after an owner's written request. Other records must be reasonably available, with no fixed number of days.

Under ORS 94.670(9)(a), the association must make its "documents, information and records ... reasonably available for examination and, upon written request, available for duplication by an owner" who makes the request "in good faith for a proper purpose." The association must also deposit assessments in federally insured accounts in the association's name and pay expenses from those accounts, giving the financial records a clear paper trail.

For a core set of documents, the statute adds a deadline. ORS 94.670(10) requires the association to keep a copy, suitable for duplication, of the declaration and bylaws (with amendments in effect), the recorded plat if feasible, the rules and regulations currently in effect, the most recent annual financial statement, the current operating budget, the reserve study (if any), and architectural standards and guidelines (if any). Under ORS 94.670(11), the association, "within 10 business days after receipt of a written request by an owner, shall furnish the requested information required to be maintained under subsection (10) of this section." Other records fall under the "reasonably available" standard, which sets no fixed number of days.

Under ORS 94.670(12), the board may adopt "reasonable rules governing the frequency, time, location, notice and manner of examination and duplication of association records and the imposition of a reasonable fee for furnishing copies," including reasonable personnel costs. The statute allows only reasonable rules and fees; the right to examine and copy records comes from the statute itself.

What records can an Oregon HOA withhold?

Only certain categories. Under ORS ch. 94, ORS 94.670(9)(b) lets the association decline to produce personnel matters about a specific person, medical records, contracts and transactions under active negotiation, certain communications with legal counsel, records whose disclosure would violate the law, executive-session materials, and other owners' files. The requesting owner's own file is not exempt.

ORS 94.670(9)(b) identifies categories the association may lawfully decline to produce:

• Personnel and medical matters — personnel matters relating to a specific identified person, or a person's medical records
• Active business negotiations — contracts, leases, and other business transactions currently under negotiation to purchase or provide goods or services
• Attorney communications — communications with legal counsel about those personnel matters or pending negotiations, or about the association's rights and duties regarding existing or potential litigation or criminal matters
• Information barred by law — records whose disclosure would violate the law
• Executive session records — documents and reports prepared for, and matters considered in, executive sessions held under ORS 94.644(2)
• Individual owner files — files of other owners, except the requesting owner's own file

What owners commonly request

People reviewing the association's books often look at:

• Annual budgets, reserve studies, and financial statements
• Bank statements, vendor contracts, and bids
• The declaration, bylaws, adopted rules, and fine schedule
• Board and member meeting minutes and notices
• Assessment statements and lien notices for the lot

Records frequently feed other disputes — questioning a fine or the assessment lien usually starts with the underlying documents.

For the recorded documents themselves

The recorded declaration and any recorded amendments are available from the county deed records office. The declaration's recording also perfects the association's assessment lien under ORS 94.709 — which is another reason the declaration is the first document to obtain.

If records are withheld

ORS 94.780(1) authorizes a "suit or action to remedy the violation" and gives the prevailing party "reasonable attorney fees and court costs" — which cuts both ways. Note that ORS 94.780(3) requires any such action to be brought within one year of discovering the alleged violation. Owners commonly put requests in writing, cite ORS 94.670, state a proper purpose, name the records specifically, and consult a licensed Oregon attorney if the refusal appears unjustified.

Sources

• ORS 94.670 — Association duty to keep and provide records
• ORS 94.780 — Remedies and attorney fees