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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Salem, OR
Salem designates public parking spaces for electric vehicle charging. Those spaces are reserved exclusively for vehicles that are actively charging. Paying t...
Salem, OR
Salem Revised Code Chapter 102 prohibits vehicles from remaining parked on the same public street block for more than 24 consecutive hours. Overnight parking...
Salem, OR
Salem has no city ordinance setting a specific defensible-space distance (e.g., 30 or 100 feet). Tall grass, brush, and dead vegetation can be abated as a pu...
Salem, OR
Salem adopts the Oregon Fire Code (OFC) in SRC Chapter 58, which incorporates OFC Chapter 61 and NFPA 58 standards governing LP-gas and propane storage, hand...
Salem, OR
Salem declares overgrown weeds and tall grass a public nuisance under SRC Chapter 98. Property owners must maintain vegetation to prevent it from becoming a ...
Salem, OR
Salem encourages home composting and offers curbside yard-debris collection. SRC Chapter 47 governs solid waste and yard debris. No permit is required for ba...
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