Which Oregon Laws Govern Your HOA or Condo?

Oregon homeowners in planned communities have a detailed statute that covers the full lifecycle of the association, from creation through turnover, records, fines and liens. How much of it reaches your community depends on when the community was created, how large it is, and whether it is a condominium. For your specific situation, a licensed Oregon attorney is the right resource. This is general information, not legal advice.

Does Oregon have an HOA law?

Yes. The Oregon Planned Community Act, ORS 94.550 to 94.783 in ORS chapter 94, is the main state law for HOAs in planned communities. It covers creation, declarant control, records, fines, meetings, liens and remedies, but excludes condominiums, exclusively commercial or industrial subdivisions, timeshare plans and some post-2024 affordable developments; how much applies depends on a community's age and class.

ORS 94.785 provides that "ORS 94.550 to 94.783 may be cited as the Oregon Planned Community Act." It covers:

• Creation — how a planned community is formed and the declaration recorded
• Declarant control — the transition period before owners take over the association
• Association management — powers and duties of the homeowners association
• Records — the association, "within 10 business days after receipt of a written request by an owner, shall furnish the requested information" it must keep under ORS 94.670(10) (ORS 94.670(11))
• Fines — the association may, "after giving written notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules and regulations of the association" (ORS 94.630(1)(n))
• Meetings — lot-owner meetings (ORS 94.650) and board meetings (ORS 94.644)
• Assessments and liens — the association "shall have a lien upon the individual lot for any unpaid assessments," which is prior to other liens except "Tax and assessment liens" and "A first mortgage or trust deed of record" (ORS 94.709(1))
• Enforcement and remedies — failure to comply "is cause for suit or action to remedy the violation or to recover actual damages," with the rule that "The prevailing party is entitled to reasonable attorney fees and court costs" (ORS 94.780(1)); such a suit "must be commenced within one year after the discovery or identification of the alleged violation" (ORS 94.780(3))

The Act's definition of planned community is a subdivision where the owners "collectively are responsible for the maintenance, operation, insurance or other expenses relating to any property within the planned community." It expressly does not mean "A condominium under ORS chapter 100," "A subdivision that is exclusively commercial or industrial," a timeshare plan, or a development established on or after January 1, 2024, in which each residential unit is either subject to an affordability restriction or owned by a public benefit or religious nonprofit corporation (ORS 94.550).

Which planned communities the Act reaches

Oregon sorts planned communities into classes by size and budget (ORS 94.550). A Class I planned community "Contains at least 13 lots or in which the declarant has reserved the right to increase the total number of lots beyond 12" and has an estimated annual assessment "exceeding $10,000 for all lots or $100 per lot." A Class II planned community "Contains at least five lots" and has an estimated annual assessment "exceeding $1,000 for all lots." A Class III planned community "is not a Class I or II planned community."

The application rules turn on those classes and on January 1, 2002:

• Communities created on or after January 1, 2002. The Act applies "to a Class I planned community created on or after January 1, 2002" (ORS 94.570(1)). For Class II communities created on or after that date, everything applies "except for ORS 94.595 and 94.604" (ORS 94.570(2)). Class III and exclusively commercial or industrial communities created on or after that date are covered only "if the declaration of the planned community so provides" (ORS 94.570(3)).
• Communities created before January 1, 2002, under the Act. The Act applies "to a planned community created before January 1, 2002, under ORS 94.550 to 94.783" (ORS 94.570(1)).
• Older Class I and II communities not created under the Act. A specific list of sections applies — including the records, meetings, fines-power, lien and remedies sections — but only "to the extent that those statutes are consistent with any governing documents of the planned community" (ORS 94.572(1)). If the documents do not provide for an association, those requirements "are not effective until the formation of an association" under ORS 94.574 (ORS 94.572(2)). Owners may amend inconsistent documents to conform (ORS 94.572(3), 94.573) and "may elect to be subject to any other provisions" of the Act (ORS 94.576(1)(a)).
• Older Class III communities. Owners in a Class III planned community created before January 1, 2002, "may elect to be subject to provisions of ORS 94.550 to 94.783" (ORS 94.576(2)(a)).
• Very old subdivisions. For a subdivision "that received preliminary plat approval before July 1, 1982," the association must comply with the board, board-meeting and records sections (ORS 94.640(1), (3), (4) and (8), 94.644 and 94.670) if "An owner submits a written request to the homeowners association to comply with the provisions" (ORS 94.673(1)). ORS 94.783 separately applies several turnover, reserve and remedies sections (including ORS 94.780) where a subdivision had preliminary plat approval before July 1, 1982, but its plat was not filed before January 1, 1984.

Which bucket a particular community falls into is a fact question about its plat, lot count and budget — a licensed Oregon attorney can work through it with the recorded documents.

Do Oregon condos follow a different law than HOAs?

Yes. Condominiums follow the Oregon Condominium Act, ORS chapter 100, a separate, comprehensive statute with its own records, lien and governance provisions. Its core sections apply only to Oregon property that a person elects to submit to the condominium form of ownership (ORS 100.020(1)).

ORS 100.010 provides: "This chapter may be cited as the Oregon Condominium Act." It is a separate, comprehensive statute with its own records, lien and governance provisions, and its core sections "apply only to property located within this state which a person elects to submit to the condominium form of ownership" (ORS 100.020(1)).

Under ORS 100.405(1)(b), the association of a condominium "created on or after September 27, 2007, must be organized" as "a corporation for profit or a nonprofit corporation," or, if the condominium has four or fewer units (not counting parking, storage or similar ancillary units), as "an unincorporated association, corporation for profit or a nonprofit corporation." A licensed Oregon attorney can explain the distinctions between the two acts for a specific property.

The Oregon Nonprofit Corporation Act (ORS ch. 65)

ORS 65.951 provides that ORS chapter 65 "shall be known and may be cited as the Oregon Nonprofit Corporation Act." For planned communities covered by ORS 94.625, the declarant must, no later than the first lot conveyance, "Organize the homeowners association as a nonprofit corporation under ORS chapter 65" (ORS 94.625(1)(a)).

That entity law supplies internal governance procedures and member rights. It also sets director standards: a director must act "In good faith," "With the care an ordinarily prudent person in a like position would exercise under similar circumstances," and "In a manner the director reasonably believes to be in the best interests of the corporation" (ORS 65.357(1)).

Where the community statutes and the nonprofit act collide, the community statutes win. "If the provisions of ORS 94.550 to 94.783 and the provisions of ORS chapter 65 apply to an association and the provisions conflict, the provisions of ORS 94.550 to 94.783 control" (ORS 94.770(4)); the Condominium Act has the same rule (ORS 100.100(6)), and ORS 65.959(2) gives the condominium or planned community documents and statutes control over conflicting chapter 65 provisions.

How the layers fit

1. The Planned Community Act (ORS 94.550–94.783) for planned communities — or the Condominium Act (ORS ch. 100) for condominiums. For some planned communities created before January 1, 2002, many sections apply only to the extent they are consistent with the governing documents (ORS 94.572).
2. The recorded declaration. "In the event of a conflict between the declaration and the bylaws of a planned community or between the declaration and the articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS 94.550 to 94.783" (ORS 94.770(2)). ORS 100.122 sets the same order for condominiums.
3. The bylaws, articles and rules.
4. The Nonprofit Corporation Act (ORS ch. 65) for incorporated associations, yielding to the community statutes where they conflict.
5. Federal law — the Fair Housing Act, ADA, SCRA, OTARD, and the Flag Act.

From records to fines to the assessment lien, the Planned Community Act is the starting point for most Oregon homeowner questions.

Sources

• ORS 94.550–94.785 — Oregon Planned Community Act (incl. 94.550, 94.570, 94.572, 94.576, 94.625, 94.630, 94.670, 94.673, 94.709, 94.770, 94.780)
• ORS ch. 100 — Oregon Condominium Act (incl. 100.010, 100.020, 100.100, 100.122, 100.405)
• ORS ch. 65 — Oregon Nonprofit Corporation Act (incl. 65.357, 65.951, 65.959)