Oregon ORS 105.880 to 105.890 declares unenforceable any deed restriction, covenant, or HOA rule that prohibits or unreasonably restricts the installation of solar energy systems on residential property.
Under ORS 105.880, any provision in a deed, contract, or HOA covenant recorded on or after January 1, 1979, that effectively prohibits or unreasonably restricts a solar energy system on a residential dwelling is void and unenforceable. ORS 105.885 defines solar energy systems broadly to include photovoltaic panels and solar thermal collectors. Associations may impose reasonable aesthetic guidelines, such as requiring panels to be flush-mounted, but cannot ban systems outright or require placement that significantly reduces output or increases cost. ORS 105.890 allows owners to seek declaratory relief and recover attorney fees against an enforcing association.
HOA enforcement of a void restriction exposes the association to declaratory judgment, injunctive relief, and mandatory attorney fees under ORS 105.890. Fines levied against owners are unenforceable.
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Eugene, OR
Eugene Code §4.083 prohibits construction activities between 7 PM and 7 AM. Operating pile drivers, pneumatic hammers, and heavy equipment is restricted duri...
Eugene, OR
Eugene addresses barking dogs through its noise disturbance ordinances and animal control regulations. Persistent barking that disturbs neighbors is a violat...
Eugene, OR
Eugene Code §4.083 and §6.750 regulate noise disturbances. Residential heat pumps and mechanical devices must not exceed 60 dBA at the property line. Lawn eq...
Eugene, OR
Eugene requires driveways to meet city engineering standards. Vehicles must not block sidewalks. Driveway construction requires permits from Public Works.
Eugene, OR
Eugene regulates on-street parking through its traffic code. Vehicles may not park in one location for more than 24 hours in some zones. Downtown has metered...
Eugene, OR
Eugene limits fences per its land use code. Front yard fences are typically limited to 3.5 feet. Side and rear yard fences may be up to 6 feet. Chain link an...
See how Eugene's hoa restrictions rules stack up against other locations.
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