HOA LAWS ®ULATIONS
Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in the state of Oregon.
The Oregon Planned Community Act (“PCA”), Or. Rev. Stat. § 94.550, et. seq. The Act includes numerous provisions governing the formation, management, powers, and operation of residential planned communities in Oregon.
Oregon Condominium Act, ORS § 100.005, et. seq. The Act provides a legal framework for the condominium formation, conversion, apportionment of interest, common expenses, management, insurance, disclosures, voting rights, association administration, and powers.
Oregon Nonprofit Corporation Act, Or. Rev. Stat. § 646.639, et. seq. The Act governs nonprofits with regard to corporate structure and procedure. Homeowners’ associations in Oregon must be organized as a corporation for-profit or nonprofit corporation under ORS 94.828 (1).
Condominium associations created on or after September 27, 2007, must be organized as a corporation for profit or a nonprofit corporation, unless the condominium consists of four or fewer units, excluding units used for parking, storage or other use ancillary to a unit. ORS 100.405. Visit the Oregon Corporation Division to check the corporate status of an association.
Oregon Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement, Or. Rev. Stat. § 659A, including housing discrimination under 659A.145 or 659A.421, protects people from housing discrimination based on race, color, religion, sex, sexual orientation, national origin, marital status, familial status, source of income or disability.
The Act provides state-level protections similar to the federal Fair Housing Act (FHA). Victims of housing discrimination can file a complaint with the Bureau of Labor and Industries or HUD under OAR 839-003-0200, or 839-003-0245 within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.
Oregon Unfair Debt Collection Practices Act, Or. Rev. Stat. § 646.639. The Act regulates debt collection at the state level and contains provisions similar to the Federal Fair Debt Collection Practices Act (FDCPA). The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers.”
Victims of harassment or unfair collection practices can report a debt collector to the state’s Department of Justice, the FTC, or the CFPB. Victims may also file a lawsuit against a debt collector in state or federal court within one year from the date of the violation under the FDCPA.
SOLAR PANELS
Energy; Conservation Programs; Energy Facilities, ORS § 469.010(2)(a), states that it is “the goal of Oregon to promote the efficient use of energy resources and to develop permanently sustainable energy resources.”
Conveyance prohibiting the use of solar energy systems void, ORS § 105.880. The law protects a homeowner’s right to install solar energy systems on their property.
Prohibition against the installation of solar panels void and unenforceable, ORS § 94.778. The law states that “a provision in a declaration or bylaws of a planned community that prohibits an owner of the roof or other exterior portion of a building or improvement on which solar panels may be installed from installing or using solar panels for obtaining solar access, as described in ORS 215.044 and 227.190, is void and unenforceable as a violation of the public policy to protect the public health, safety and welfare of the people of Oregon.”
A homeowners association may adopt and enforce a provision that imposes reasonable size, placement, or aesthetic requirements for the installation or use of solar panels.
Oregon Department of Energy - Planning & Innovation Team's 2015-19 Strategic Framework
GOVERNMENT AGENCIES
U.S. Department of Housing and Urban Development - (HUD) - The agency is responsible for enforcing the federal Fair Housing Act (FHA), which as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability.
Recommended Reading:
Joint Statement of HUD and Dept. of Justice Reasonable Accommodations under the Fair Housing Act (2004).
Joint Statement of HUD and Dept. of Justice Reasonable Modifications under the Fair Housing Act (2008).
Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (2020).
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners (2005).
United States Department of Justice Civil Rights Division - The agency enforces civil rights laws, including the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against disabled persons in employment, transportation, public accommodations, communications, and access to government programs and services.
Frequently Asked Questions about Service Animals and the ADA - A guide on the ADA's service animal provisions.
ADA Revised Requirements: Service Animals - This publication clarifies and refines issues and contains new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Federal Trade Commission (FTC) - This is the primary federal agency responsible for enforcing the Federal Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt.
Consumer Financial Protection Bureau (CFPB) – The agency enforces federal consumer financial laws, including the FDCPA and The Servicemembers Civil Relief Act (SCRA).
Oregon Government Portal - Search for government information by topic and agency.
Oregon State Legislature - Search your state representative and the legislation (or, "statutory law") database.
HOA CONTACT INFORMATION AND DOCUMENTS
HOA Directory - The Oregon Secretary of State gives the public the ability to search for corporation information, including an association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation. To locate relevant HOA information, enter the legal same of the subdivision or community.
HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.
LEGAL RESOURCES
Oregon State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and records to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
Oregon Judicial Department - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.
Oregon Law Help - The website offers free Legal Information for Low-Income Oregonians, a free legal aid directory, answers to legal questions, sample forms,and court information.
Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs
Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.
Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs
The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.
Step-By-Step Guide To The HOA Assessment Collections Process
When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.
Preventing the Spread of COVID-19 Within HOA Communities
On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.
HOA Powers and Obligations In Emergency Situations
The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.
Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners
One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.
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