Oregon HOA Laws 2026: Planned Communities Act (ORS Chapter 94) & Owner Rights

Oregon's Planned Communities Act (ORS §§ 94.550 through 94.783) governs planned community HOAs in the state. Oregon condominiums are governed under the Oregon Condominium Act (ORS Chapter 100). Oregon is one of the more structured HOA states in the Pacific Northwest, with detailed provisions on owner rights, reserve requirements, resale disclosure, and enforcement procedures.

Oregon Planned Communities Act: Scope

The Planned Communities Act applies to all planned communities with a homeowners association formed under ORS Chapter 94. It establishes the rights and obligations of the association and unit owners, including: the right to collect assessments, lien authority, open meeting requirements, record access, and resale disclosure obligations.

Resale Disclosure: Oregon's Detailed Requirements

ORS § 94.657 requires sellers to provide buyers with a disclosure package before closing. The association must provide the package to the seller within 14 days of written request. The package must include: the declaration, bylaws, and rules; the current budget; reserve fund balance and reserve study (if any); a statement of any unpaid assessments; and any pending special assessments. Buyers have 5 business days after receipt to rescind the purchase contract.

Reserve Fund Requirements

Oregon planned community associations are required to maintain a reserve fund for major repairs and replacements (ORS § 94.595). The budget must include a reserve contribution. Oregon strongly encourages but does not mandate a third-party reserve study — however, failure to adequately fund reserves can create board liability. The reserve fund status must be disclosed in the resale package.

Open Meetings and Owner Rights

Oregon requires that board meetings be open to association members (ORS § 94.640). Boards may go into executive session for personnel matters, pending litigation, contract negotiations, and individual member enforcement matters. Members have the right to inspect association records within a reasonable time of written request, including meeting minutes, financial statements, and governing documents.

Assessment Liens and Foreclosure

ORS § 94.709 grants a statutory lien for unpaid assessments. The lien is created when assessments become delinquent and must be perfected by recording in the county clerk's office. Oregon allows judicial foreclosure of planned community assessment liens. Before initiating foreclosure, the association must provide written notice of delinquency and allow a 90-day cure period.

Enforcement: Notice and Cure Period

Oregon requires that before imposing a fine, the association must provide written notice of the alleged violation and a reasonable opportunity to cure. The notice must identify the specific rule or CC&R provision violated. Oregon does not set a statewide fine cap — fine schedules are established by the governing documents. Boards that fail to follow their own enforcement procedures risk enforcement actions being overturned.