HOA Relief

States

Oregon special assessments: what your board must do.

Annual reserve study and maintenance plan; reserve funding can't simply be voted away.

Why Oregon owners are getting these bills

The board must each year do a reserve study or update an existing one, and keep a maintenance plan. Unless the board finds the reserve account adequately funded for the next year, neither the board nor the owners can vote to stop funding it (after the developer hands over control, the board can skip a year only with the approval of all owners). Condos recorded before 23 October 1999 are covered only once the board or a majority of owners opts in, and one- or two-unit condos are generally exempt.

ORS 100.175

Condos

Does the board need an owner vote?

The Oregon Condominium Act sets no owner vote for a special assessment in the sections we cited; your declaration and bylaws decide. After the developer hands over control, the board needs the approval of all owners to skip a year of reserve funding.

ORS 100.175(10); 100.405

What notice must owners get?

The board must give you a summary of the annual budget within 30 days after adopting it. Board meetings are open to owners except for limited executive sessions, and in condos where most units are residences, notice must be posted on the property at least three days ahead or given another way reasonably meant to inform owners. Notice of an owners' meeting goes out 10 to 50 days ahead and must list the agenda, including any budget changes.

ORS 100.483; 100.420; 100.407

Your right to see the records

You can examine the association's records and, on written request, have them copied if you ask in good faith for a proper purpose, though some records (personnel, certain legal advice, executive-session material, other owners' files) can be withheld. For the declaration, bylaws, rules, latest financial statement, current budget, reserve study and architectural standards, the association must give you what you ask for within 10 business days. The board can set reasonable rules and a copying fee.

ORS 100.480(9)-(12)

Payment plans, late fees and liens

The association has a lien on your unit for unpaid assessments, including interest, late charges and attorney fees, ahead of all other liens except tax liens and, with one exception requiring 90 days' notice to the lender, a first mortgage. Before a foreclosure suit can proceed it must record a notice of claim of lien, and the lien can last up to six years from the date each assessment is due. Late charges must follow a schedule in your declaration or bylaws, or a board resolution delivered to owners; the sections cited set no cap and no payment-plan right.

ORS 100.450; 100.405(4)(k)

HOAs (houses and townhouses)

Owner vote

The Oregon Planned Community Act sets no owner vote for a special assessment after the developer hands over control; your declaration and bylaws decide. While the developer is in control, a special assessment for capital improvements or additions needs approval from at least 50 percent of the voting rights (or more if your declaration says so).

ORS 94.704(11)

Notice

The board must give you a summary of the annual budget within 30 days after adopting it. Board meetings are open to owners except for limited executive sessions, and where most lots are residences, notice must be posted at least three days ahead or given another way reasonably meant to inform owners. Notice of an owners' meeting goes out 10 to 50 days ahead and must list the agenda, including any budget changes.

ORS 94.645; 94.644; 94.650

Records

You can examine the association's records and, on written request, have them copied if you ask in good faith for a proper purpose, though some records (personnel, certain legal advice, executive-session material, other owners' files) can be withheld. For the declaration, bylaws, rules, latest financial statement, current budget, reserve study and architectural standards, the association must give you what you ask for within 10 business days. The board can set reasonable rules and a copying fee.

ORS 94.670(9)-(12)

Payment, late fees and liens

The association has a lien on your lot for unpaid assessments, including interest, late charges and attorney fees, ahead of all other liens except tax liens and a first mortgage. Before a foreclosure suit can proceed it must record a notice of claim of lien, and the lien can last up to six years from the date each assessment is due. Interest is set by board resolution and late charges must follow a schedule or board resolution delivered to owners; the sections cited set no cap, and the board may compromise overdue assessments but you have no payment-plan right in them.

ORS 94.709; 94.704(5); 94.630(1)(n)

Summarised from the statutes in November 2026. Not legal advice; your declaration and bylaws may add more rules.