Oregon Statewide Rule
Oregon HOA Assessments, Liens & Foreclosure (Planned Community Act, ORS Ch. 94)
Key Facts
- Governing law
- Oregon Planned Community Act, ORS 94.550–94.783
- Lien statute
- ORS 94.709 (assessments, interest, fees, costs)
- Foreclosure method
- Judicial; conforms to construction-lien procedure (ORS 87.010), not mortgage-style
- Lien duration
- Up to 6 years from when assessment is due
- Personal liability
- Owner personally liable for assessments (ORS 94.712)
Summary
Under the Oregon Planned Community Act, an HOA has a lien on each lot for unpaid assessments (plus interest, late charges, attorney fees and costs) and may judicially foreclose it. Owners are also personally liable, so the association can pursue both a lien and a money judgment.
94.709 Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure. (1) Whenever a homeowners association levies any assessment against a lot, the association shall have a lien upon the individual lot for any unpaid assessments. The lien includes interest, late charges, attorney fees, costs or other amounts imposed under the declaration or bylaws or other recorded governing document. The lien is prior to a homestead exemption and all other liens or encumbrances upon the lot except: (a) Tax and assessment liens; and (b) A first mortgage or trust deed of record. (2) Recording of the declaration constitutes record notice and perfection of the lien for assessments. No further recording of a claim of lien for assessments or notice of a claim of lien under this section is required to perfect the association’s lien. The association shall record a notice of claim of lien for assessments under this section in the deed records of the county in which a lot is located before any suit to foreclose may proceed under subsection (4) of this section. The notice shall contain: (a) A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets; (b) The name of the owner of the lot, or reputed owner, if known; (c) The name of the association; (d) The description of the lot as provided in ORS 93.600;
Full Breakdown
ORS 94.709 gives the association "a lien upon the individual lot for any unpaid assessments," including "interest, late charges, attorney fees, costs or other amounts imposed under the declaration or bylaws." The lien is prior to most encumbrances except tax/assessment liens and a recorded first mortgage or trust deed. Foreclosure "shall conform as nearly as possible to the proceedings to foreclose liens created by ORS 87.010" (construction liens). Oregon does NOT statutorily foreclose these like a residential mortgage. The lien may be continued in force up to six years. Separately, ORS 94.712 makes an owner "personally liable for all assessments," so the association may also seek a money judgment.
Violations & Penalties
Unpaid assessments accrue interest, late charges and collection attorney fees; the association may record a lien and judicially foreclose the lot, and may obtain a personal money judgment against the owner.
Frequently Asked Questions
Can an Oregon HOA foreclose on my home for unpaid dues?
Can the HOA sue me personally instead of foreclosing?
How long does an Oregon assessment lien last?
Sources
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