Oregon Revised Statutes 105.880 through 105.895 create a statutory right to solar access easements and protect property owners from homeowner-association rules that prohibit or unreasonably restrict the installation of solar-energy systems. ORS 94.762 explicitly voids any planned-community provision that prohibits residential solar collectors. Portland HOAs cannot ban rooftop solar panels.
ORS 105.880 establishes the Oregon Solar Access framework β a property owner may negotiate and record a 'solar access easement' protecting sunlight to a solar collector, and the easement runs with the land. ORS 94.762 (part of the Oregon Planned Community Act) is the operative HOA-protection provision: it voids any condition, covenant, restriction, or rule in a planned community that prohibits or unreasonably restricts the installation or use of a solar-energy system on a residential lot owned by an individual. 'Unreasonably restricts' is defined to mean increasing the cost of the system by more than 5% or decreasing the system's efficiency by more than 10%. The same rule applies to condominium associations under ORS 100.405. HOAs retain limited authority to require aesthetic standards (color, panel placement to the rear/side of a roof where structurally feasible) and to require architectural-review submission, but they cannot refuse approval outright. Trees that block solar collectors are a more contested area β ORS 105.895 limits the solar-shade provisions to expressly recorded easements, so a neighbor's existing trees are not automatically required to be trimmed unless a recorded easement exists. The Portland Bureau of Planning and Sustainability promotes solar installations citywide, and Portland's solar permit program (BDS Express Solar Permit) is one of the fastest in the country, with typical turnaround of 1-3 business days.
An HOA that violates ORS 94.762 is liable to the homeowner for actual damages, attorney fees, and may be ordered to allow installation. The homeowner can sue in Oregon Circuit Court; the Oregon Real Estate Agency does not adjudicate these disputes. Some HOAs have been ordered to remove offending CC&R provisions and to reimburse legal costs.
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