Oregon Voids HOA Bans on Residential Solar Devices

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.