Oregon Statewide Rule
Oregon HOA Fines & Notice Requirements (ORS 94.630)
Key Facts
- Fine authority
- ORS 94.630(1)(n): reasonable fines for governing-document violations
- Due process
- Written notice + opportunity to be heard required before any fine
- Schedule rule
- Fine must follow a schedule/resolution delivered to each lot
- Statutory cap
- None: must be "reasonable"; caps set only by governing documents
Summary
Oregon HOAs may levy reasonable fines for violations of the declaration, bylaws, or rules, but only after written notice and an opportunity to be heard, and only when based on a fine schedule or resolution that has been delivered to each lot. Oregon sets no dollar cap.
(n) Impose charges for late payment of assessments and attorney fees related to the collection of assessments and, after giving written notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules and regulations of the association, provided that the charge imposed or the fine levied by the association is based: (A) On a schedule contained in the declaration or bylaws, or an amendment to either that is delivered to each lot, mailed to the mailing address of each lot or mailed to the mailing addresses designated in writing by the owners; or (B) On a resolution of the association or its board of directors that is delivered to each lot, mailed to the mailing address of each lot or mailed to the mailing addresses designated in writing by the owners;
Full Breakdown
ORS 94.630(1)(n) empowers an association to "levy reasonable fines for violations of the declaration, bylaws, rules and regulations of the association" but only "after giving written notice and an opportunity to be heard." Fines must be based on "a schedule contained in the declaration or bylaws, or an amendment to either that is delivered to each lot," or on a board resolution delivered to each lot. The statute requires fines be "reasonable" but fixes no statutory dollar cap: limits come from the recorded governing documents. The same subsection authorizes late-payment charges and assessment-collection attorney fees.
Violations & Penalties
Fines must be reasonable, pre-noticed in a delivered schedule or resolution, and preceded by written notice and a hearing opportunity; fines imposed without that due process or outside the schedule are subject to challenge.
Frequently Asked Questions
Does Oregon cap HOA fine amounts?
Can my Oregon HOA fine me without warning?
Sources
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