Beaverton, OR Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- State law
- Ch. 639, Oregon Laws 2019
- HOA may NOT
- Require ADU owner-occupancy
- Notice required
- First-page, all-caps statement
- Violating clause
- Unenforceable by law
Summary
A recorded Beaverton HOA covenant or CC&R cannot require an accessory dwelling unit to be owner-occupied. Development Code § 10.18.4 makes every such recorded instrument print a notice that any clause doing so is unenforceable.
All recorded instruments that create a homeowners association, or include covenants, conditions, or restrictions for real property zoned for residential use, shall include the following statement in all capital letters on the first page of the recorded instrument: THIS PROPERTY IS SUBJECT TO SECTION 13, CHAPTER 639, OREGON LAWS 2019, AND ANY RECORDED DOCUMENT FOR THIS PROPERTY SHALL NOT REGULATE HOUSING TYPES ALLOWED BY STATE LAW OR REQUIRE ACCESSORY DWELLING UNITS TO BE OWNER OCCUPIED. ANY PROVISION IN THIS DOCUMENT THAT VIOLATES THIS PARAGRAPH IS UNENFORCEABLE. ALL RECORDED REVISIONS OF THIS DOCUMENT MUST INCLUDE THIS STATEMENT ON THE FIRST PAGE, UNLESS OTHERWISE APPROVED BY THE CITY OF BEAVERTON IN WRITING.
[ORD 4822, 06/30/2022]
Effective on: 6/30/2022
Full Breakdown
Implementing Section 13, Chapter 639, Oregon Laws 2019, Development Code § 10.18.4 requires every recorded instrument that creates a homeowners association, or that carries covenants, conditions, or restrictions on residentially zoned property in Beaverton, to print a first-page, all-capital notice stating the property is subject to that state law and that no recorded document may regulate housing types allowed by state law or require an ADU to be owner-occupied. Any covenant clause that violates the paragraph is declared unenforceable, so an existing or future HOA rule cannot force an owner to live in the accessory dwelling unit on their own lot.
Violations & Fines
An HOA or CC&R clause requiring owner-occupancy of an ADU is unenforceable under § 10.18.4; recording an instrument that omits the required notice can itself be a code compliance problem for the association.
Frequently Asked Questions
Can my Beaverton HOA require me to live in my ADU?
What must an HOA covenant say about this?
Sources & Official References
Other rules in Beaverton
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