Oregon HOA laws

Oregon HOA and Condo Laws, in Plain English

Oregon has 2 statutes that govern community associations: Condominium Act and Planned Community Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

HOA laws

Oregon

OR
Condominium Act Planned Community Act
Resale documentResale Package
Fee capNo fixed dollar cap
Deadline10 business days
Buyer may cancelNo statutory right tied to this document

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

ORS 100 (Condominium Act)

Condominiums

Oregon's Condominium Act governs the creation and operation of condominiums in this state, covering the declaration and plat, the association of unit owners and its board, assessments and liens, insurance, and recordkeeping. It also regulates the sale of new units by a developer, including a disclosure statement filed with the state and delivered to buyers before a sale is completed. The Act has no statutory resale certificate for later resales between owners, though the association must provide a written statement of unpaid assessments on request for a prospective buyer.

  • ORS 100.475 (Statement of unpaid assessments)

    Makes a unit owner personally liable for assessments and, in a voluntary conveyance, the grantee jointly liable with the grantor for the grantor's unpaid assessments. On request of the owner or the owner's agent for the benefit of a prospective purchaser, the board must make and deliver a written statement of the unpaid assessments against the grantor or the unit effective through a date the statement specifies, and the grantee is then not liable for any unpaid assessments not included in it. An escrow agent or title company may rely on the statement and is not liable for failing to pay the association more than it shows. No fee or deadline is stated here; the 10-business-day statement in ORS 100.480(8) supplies the mechanics. A foreclosure purchaser is not liable for assessments that came due before it took title.

    Official text
  • ORS 100.480 (Association records and statements)

    Requires a condominium association to keep its records in Oregon, prepare an annual financial statement (reviewed by a CPA above the statutory thresholds), and keep duplication-ready copies of the declaration, bylaws, recorded plat, rules, the latest annual financial statement, the current budget, the reserve study, and any architectural standards. Within 10 business days of an owner's written request the association must furnish those documents, and within 10 business days of an owner's written request it must furnish a written statement of the assessments due and unpaid (regular and special assessments, fines and other charges, accrued interest, and late charges) with the interest and late-charge rates, unless it has litigation pending against that owner. The board may by resolution set a reasonable fee for copies, including personnel costs.

    Official text
Read ORS 100 on the state's site

ORS 94 (Planned Community Act)

HOAs and planned communities

The Oregon Planned Community Act governs planned communities, the subdivision-style developments run by a homeowners association, covering formation of the community by a recorded declaration, the association's governance and board, assessments and liens, insurance, and association records. It applies to planned communities created at any time, though certain administrative provisions apply differently to communities formed before later amendments to the Act. Like the Condominium Act, it has no statutory resale certificate for owner-to-owner sales, though the association must provide a written statement of unpaid assessments on request for a prospective buyer.

  • ORS 94.712 (Statement of unpaid assessments)

    Makes a lot owner personally liable for assessments and, in a voluntary conveyance, the grantee jointly liable with the grantor for the grantor's unpaid assessments. On request of the owner or the owner's agent for the benefit of a prospective purchaser, the board must make and deliver a written statement of the unpaid assessments against the grantor or the lot effective through a date the statement specifies, and the grantee is then not liable for any unpaid assessments not included in it. An escrow agent or title company may rely on the statement and is not liable for failing to pay the association more than it shows. No fee or deadline is stated here; the 10-business-day statement in ORS 94.670(8) supplies the mechanics.

    Official text
  • ORS 94.670 (Association records and statements)

    Requires a homeowners association to keep its records, prepare an annual financial statement (reviewed by a CPA above the statutory thresholds), and keep duplication-ready copies of the declaration, bylaws, recorded plat, rules, the latest financial statement, the current budget, the reserve study, and any architectural standards. Within 10 business days of an owner's written request the association must furnish those documents, and within 10 business days of an owner's written request it must furnish a written statement of the assessments due and unpaid (regular and special assessments, fines and other charges, accrued interest, and late charges) with the interest and late-charge rates, unless it has litigation pending against that owner. The board may by resolution set a reasonable fee for copies, including personnel costs.

    Official text
Read ORS 94 on the state's site

When a Home Sells in Oregon

No Oregon statute requires resale package, but lenders and title companies ask for one. Associations furnish it under their governing documents.

What Oregon calls the resale document
Resale Package
Fee cap
No fixed dollar cap
Delivery deadline
10 business days
Buyer's right to cancel
No statutory right tied to this document

The full Oregon resale rules, who pays, and how to order are on the Oregon resale package page. Every state's cap and deadline sit side by side in the fee and deadline table.

Oregon HOA Law Questions

Which law governs condominiums in Oregon?

ORS 100 (Condominium Act). Oregon's Condominium Act governs the creation and operation of condominiums in this state, covering the declaration and plat, the association of unit owners and its board, assessments and liens, insurance, and recordkeeping.

Which law governs HOAs in Oregon?

ORS 94 (Planned Community Act). The Oregon Planned Community Act governs planned communities, the subdivision-style developments run by a homeowners association, covering formation of the community by a recorded declaration, the association's governance and board, assessments and liens, insurance, and association records.

Does Oregon cap the fee for a resale certificate?

No. Oregon sets no dollar cap on resale package, so the association or its management company sets the fee under the governing documents.

How long does an Oregon association have to deliver resale package?

10 business days, counted from the request.

Where can I read the Oregon statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Oregon community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.