Oregon Statewide Rule

Oregon HOA Limits: Solar, EV Charging, Signs & Flags (ORS 94.778, 105.880, 94.762, 94.757)

Some RestrictionsApplies statewide across Oregon (2026)

Oregon law overrides HOA restrictions on several owner uses: declaration provisions banning solar panels are void (ORS 94.778; ORS 105.880 voids solar bans in conveyances), EV charging stations are protected (ORS 94.762), and political signs are protected during elections (ORS 94.757). Associations may keep only reasonable size/placement rules.

Key Facts

Solar: Bans void/unenforceable (ORS 94.778; ORS 105.880); reasonable placement rules allowed
EV charging: Protected under ORS 94.762 despite contrary declaration/bylaws
Political signs: Protected during elections (ORS 94.757); reasonable size/placement rules allowed
U.S. flag: No specific ORS Ch. 94 statute; federal Freedom to Display the American Flag Act (2005) applies
Correction: ORS 94.762 is EV charging, not solar/flag/signs

Last verified: 2026-06-27

Full Breakdown

ORS 94.778 makes any declaration or bylaw "that prohibits an owner...from installing or using solar panels...void and unenforceable," though an HOA "may adopt and enforce a provision that imposes reasonable size, placement or aesthetic requirements." ORS 105.880 separately voids any property-conveyance provision prohibiting solar energy systems. ORS 94.762 protects EV charging stations "notwithstanding contrary provisions of a declaration or bylaws." ORS 94.757 protects political-sign display during election periods, subject to reasonable size/placement rules. Note: the prompt's cite of ORS 94.762 for solar/flag/signs is incorrect — 94.762 is EV charging. For the U.S. flag, Oregon has no Chapter 94 statute; the federal Freedom to Display the American Flag Act of 2005 applies.

Violations & Penalties

An HOA cannot enforce a flat ban on solar panels, EV charging, or election-period political signs; only reasonable size, placement, and aesthetic conditions survive. Blanket prohibitions are void and unenforceable.

Frequently Asked Questions

Can an Oregon HOA ban solar panels?

No. ORS 94.778 makes any declaration or bylaw banning solar panels void and unenforceable, and ORS 105.880 voids solar bans in property conveyances. The HOA may impose only reasonable size, placement, or aesthetic requirements.

Can my Oregon HOA stop me from displaying the American flag?

Oregon has no specific planned-community flag statute, but the federal Freedom to Display the American Flag Act of 2005 bars HOAs from prohibiting display of the U.S. flag, subject to reasonable restrictions.

Are EV charging stations protected in Oregon HOAs?

Yes. ORS 94.762 lets owners install EV charging stations notwithstanding contrary declaration or bylaw provisions, though the HOA may require a reasonable architectural application.

Sources

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