2017 Legislative Update

Oregon and Washington law makers are in session. There are several proposed house and senate bills which impact condominium and homeowner associations. Here's a brief summary, along with links to review the language of the proposed legislation.

Oregon

SB 470 - Would prohibit CC&Rs, Bylaws, or Articles of Incorporation from prohibiting or restricting certified family child care homes. Read bill.

HB 2722 - In the event of a drought or water shortage, a condominium association may not require owners to irrigate landscaped areas. Read bill.

HB 3056 - Associations often file lawsuits against delinquent owners. If the association receives a court judgment, this bill clarifies that the judgment does not operate to release or extinguish the lien on the owner’s property. Read bill.

HB 3057 - This bill adds criteria for a board of directors to use when updating or reviewing the association’s reserve study. In addition, the proposed legislation changes the timeframe for financial reviews from 180 days to 300 days. Read bill.

HB 3094 - The current laws governing the restatement of governing documents is vague. This bill clarifies the meaning of “restatement” and establishes requirements for the board to follow when preparing and recording a restatement. Read bill. 

Washington

SB 5134- This bill will give homeowners an objective timeframe of 45 days notice to be heard by the board of directors before the association may impose or collect charges for late payments of assessments. Read Bill.

SB 5250- Often times, it is very difficult for associations to obtain the required amount of votes to amend the bylaws due to non-participation. This law provides an alternative process for acquiring and counting votes to amend condominium bylaws.  Read Bill.

Oregon Legislative Alert

Portland Landlord/Tenant Ordinance 188219 Also known as the “relocation assistance” ordinance, the temporary measure mandates that if a landlord raises rent on a tenant by more than 10% or evicts a tenant without cause, the tenant can demand the landlord to reimburse them for up to $4500 in moving costs. Actual amounts vary depending on size and cost of the unit, and the neighborhood. Small-scale landlords who manage only one rental unit are exempt. The short-term measure took effect immediately on February 2 and is retroactive for tenants who had received a 90-day no-cause eviction notice within the last 89 days. The law is meant to provide temporary relief for up to 8 months as the city remains under its official housing crisis.

Oregon currently has a statewide ban on rent control. Opponents to the new ordinance claim the ban violates this law. Supporters argue that it’s an effective policy in reducing forced displacement. On March 2, the Oregon House began hearings for House Bill 2004— an expanded version of the city ordinance that allows cities to impose rent control and prohibits no-cause evictions except in certain circumstances.

See House Bill 2004

See Relocation Assistance Ordinance

Proposed Radio Antenna Legislation

A few months ago federal legislation was proposed relating to the installation and use of HAM radio antennas.  HR 1301 ("Amateur Radio Parity Act of 2015") would override homeowner association CC&R provisions which prohibit the installation of HAM radio antennas or related equipment. The full text of the legislation is here.

Click here for Community Association Institute's position on the proposed legislation.