Homeowners associations are subject to ORS 94.550 to 94.783 of the Oregon code which describes the regulations regarding planned community development and management. Condominium associations have separate regulations which can be found in Chapter 100 of the state code. All community associations in OR must be registered as nonprofit corporations and must also follow state Corporate Law as well.
Homeowners Association’s Rights and Responsibilities
The primary purpose of an HOA is to provide maintenance for all common areas and protect property values within the community. To raise funds for projects, the association has the power to collect regular assessments from homeowners according to the annual budget adopted by the board of directors. Special assessments may also be collected in addition to the regular assessments for any unexpected repair costs that cannot be covered by the budget.
Any late assessments are subject to additional fees. If an account becomes delinquent, liens may be placed on the property and, in extreme cases, the HOA may even foreclose on the property despite on-time mortgage payments.
An annual maintenance plan must be created by the board of directors. This plan should include details of the maintenance required and a schedule of all preventative maintenance that will occur throughout the year. It is then the responsibility of the board to follow the plan as described.
The association may choose to pay for all community utilities and include the costs within the regular assessments. The HOA may then cease utility services to homeowners that become delinquent on their payments. Before stopping utility service, the HOA must provide written notice to the homeowner and allow a hearing in front of the board of directors or a chosen committee of homeowners.
It is the responsibility of the board of directors to maintain detailed community records including minutes of all meetings and financial records and make them reasonably available to homeowners upon request.
Property insurance and liability insurance are mandatory for planned communities. Property insurance must cover the full replacement cost of all common properties. The cost of insurance should be included in the regular assessments to homeowners.
Homeowners have the right to vote in elections for the board of directors. All voting is to take place during member meetings which must be held at least annually if not more frequently as described by community bylaws. Directors can also be removed for any reason with a majority vote.
In addition to voting for board members, homeowners have the power to approve any amendments to the community declaration. Any amendments made to the declaration of community bylaws must be filed with the county clerk in the county that the community is located to become valid and enforceable. Amendments cannot change the plat or property boundaries without the consent of the owners that would be affected.
The HOA cannot prohibit the installation of electric vehicle charging stations or solar panels. Homeowners must apply to install a charging station with their HOA. While they may not prohibit installation, they may, however, regulate the location.
OR Planned Communities
To ensure that your community association is being run following all state and local laws, it helps to have a professional on your side. CSM has a team of experienced professionals that have worked with communities in almost every state in the US. Specializing in HOA financial management, we can help your board of directors manage association finances, write and submit documents, and prepare for audits. If you have any questions regarding state HOA laws and regulations, give us a call at (865) 315-7505, contact us online or email us at firstname.lastname@example.org.