Oregon HOA fine rules

"Subject to subsection (2) of this section and ORS 94.762, 94.763, 94.776, 94.778 and 94.779 and section 4 of this 2026 Act, and except as otherwise provided in its declaration or bylaws, a homeowners association may: ... (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" (Or. Rev. Stat. § 94.630(1), (1)(n)). The lead-in is quoted as amended by Oregon Laws 2026, chapter 86, section 7, effective June 5, 2026, which added the cross-reference "and section 4 of this 2026 Act" (a new fire-hardening provision) and made no change to paragraph (1)(n). The statute requires the notice to be written but does not name a delivery method for it such as certified mail; the delivery or mailing requirement in (A) and (B) attaches to the fine schedule or resolution, not to the notice of the violation.

ORS 94.630 sets no cure period before a fine: paragraph (1)(n) conditions a fine on written notice, an opportunity to be heard and a previously delivered or mailed fine schedule or resolution, and states no period during which the owner may correct the violation without penalty. The only comparable language in the section is in paragraph (1)(m), which concerns rules on terminating utility services and access to recreational and service facilities rather than fines: those rules "must provide for written notice and an opportunity to be heard before the association may terminate the rights of any owners to receive the benefits or services until the correction of any violation covered by the rule has occurred." Any cure period for a fine would come from the declaration, bylaws or rules rather than from the statute.

Or. Rev. Stat. § 94.630(1)(n) — the association may, "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." The paragraph sets no number of days for requesting a hearing, no deadline for holding one, and no procedure for it. The day counts elsewhere in the section belong to a different mechanism, the pre-litigation dispute resolution offer under § 94.630(4): the offer "must be hand-delivered or mailed by certified mail, return receipt requested"; "If the party receiving the offer does not accept the offer within 10 days after receipt by written notice hand-delivered or mailed by certified mail, return receipt requested, ... the initiating party may commence the litigation or the administrative proceeding"; litigation "may be stayed for 30 days upon a motion of the noninitiating party" if a qualified program exists and no offer was made; and if the process "is not completed within 30 days after receipt of the initial offer, the initiating party may commence litigation or an administrative proceeding." Subsection (4)(f) provides that these requirements "do not apply to circumstances in which irreparable harm to a party will occur due to delay or to litigation or an administrative proceeding initiated to collect assessments, other than assessments attributable to fines."

Oregon sets no dollar cap on an association fine. ORS 94.630(1)(n) authorizes only "reasonable fines" and conditions any fine on its being "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."

"Except as provided in paragraph (b) of this subsection, the association shall make the documents, information and records described in subsections (1) and (4) of this section and all other records of the association reasonably available for examination and, upon written request, available for duplication by an owner and any mortgagee of a lot that makes the request in good faith for a proper purpose" (Or. Rev. Stat. § 94.670(9)(a)); paragraph (9)(b) lists the categories that may be withheld, including personnel matters, business transactions currently under negotiation, communications with legal counsel on those matters and on existing or potential litigation, and matters considered by the board in executive session. Separately, "The association shall provide, within 10 business days of receipt of a written request from an owner, a written statement that provides: (A) The amount of assessments due from the owner and unpaid at the time the request was received, including: (i) Regular and special assessments; (ii) Fines and other charges; (iii) Accrued interest; and (iv) Late payment charges" (§ 94.670(8)(a)).