Oregon Statewide Rule
Oregon HOA Covenant & Rule Enforcement (ORS 94.630, 94.780)
Key Facts
- Enforcement power
- ORS 94.630(1)(e): litigation/administrative action to enforce governing documents
- Pre-suit step
- Must offer county dispute-resolution program; 10-day window before litigation
- Attorney fees
- Prevailing party may recover reasonable attorney fees in collection/enforcement actions
- Source of restrictions
- Recorded declaration/bylaws (ORS 94.580, 94.704)
Summary
Oregon HOAs may enforce the declaration, bylaws, and rules through fines, litigation, or administrative action, but must first offer a county dispute-resolution program for adversarial disputes with owners. The prevailing party in many governing-document enforcement actions is entitled to reasonable attorney fees.
(4)(a) Subject to paragraph (f) of this subsection, before initiating litigation or an administrative proceeding in which the association and an owner have an adversarial relationship, the party that intends to initiate litigation or an administrative proceeding shall offer to use any dispute resolution program available within the county in which the planned community is located that is in substantial compliance with the standards and guidelines adopted under ORS 36.175. The written offer must be hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the association, for the other party.
Full Breakdown
ORS 94.630(1)(e) lets an association "initiate or intervene in litigation or administrative proceedings" on "matters relating to the collection of assessments and the enforcement of governing documents," and subsection (1)(n) authorizes fines and assessment-collection attorney fees. Before starting an adversarial action against an owner, ORS 94.630 requires the initiating party to offer any dispute-resolution program available in the county; if not accepted within 10 days, litigation may proceed. Architectural and use restrictions are imposed by the recorded declaration (formed under ORS 94.580 / 94.704); Oregon law enforces them through these association powers. In assessment-collection, lien-foreclosure, and many enforcement actions the prevailing party may recover reasonable attorney fees.
Violations & Penalties
The association may demand compliance, levy fines, and sue to enforce covenants; an owner who loses an enforcement or collection action may be ordered to pay the association's reasonable attorney fees and costs.
Frequently Asked Questions
Can an Oregon HOA make me pay its attorney fees if it wins?
Must the HOA try mediation before suing me?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.