ORS tit. 10, ch. 94, PLANNED COMMUNITIES, HOMEOWNERS ASSOCIATION; MANAGEMENT OF PLANNED COMMUNITY, TEMPORARY PROVISIONS RELATING to REMOVING DISCRIMINATORY LANGUAGE FROM DECLARATIONS AND BYLAWS ARE COMPILED AS NOTES FOLLOWING ORS 94.625
ORS tit. 10, ch. 94, PLANNED COMMUNITIES, HOMEOWNERS ASSOCIATION; MANAGEMENT OF PLANNED COMMUNITY, TEMPORARY PROVISIONS RELATING to REMOVING DISCRIMINATORY LANGUAGE FROM DECLARATIONS AND BYLAWS ARE COMPILED AS NOTES FOLLOWING ORS 94.625
Sections 3 and 4, chapter 67, Oregon Laws 2021, provide:
Sec. 3. Section 4 of this 2021 Act is added to and made a part of ORS 94.550 to 94.783. [2021 c. 67, § 3]
Sec. 4. (1) On or before December 31, 2024, each homeowners association of a planned community first established before September 1, 2021, shall review the declaration and bylaws of the planned community and shall:
(a) Amend each document as necessary to remove all restrictions against the use of the community or the lots not allowed under ORS 93.270 (2) as provided under section 25 of this 2023 Act [93.271]; or
(b) Execute and record a certification that the homeowners association has reviewed the declaration and bylaws of the planned community and that the documents do not contain any restriction, rule or regulation against the use of the community or the lots by a person or group of persons because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits.
(2) A certification under subsection (1)(b) of this section:
(a) May be recorded without the vote of the owners or the board members; and
(b) Must be in substantially the following form:
______________________________________________________________________________
CERTIFICATION OF COMPLIANCE
WITH ORS 93.270 (2).
Pursuant to section 4, chapter 67, Oregon Laws 2021, the undersigned states:
1. The undersigned are the president and secretary for the homeowners association _________ (name) in _________ County.
2. The declaration was first recorded under instrument number (or book and page number) ____________ recorded on _________. The declaration was most recently amended or restated, if ever, under instrument number _________ recorded on _________.
3. The bylaws were first recorded, if ever, under instrument number (or book and page number) ____________ recorded on _________. The bylaws were most recently amended or restated, if ever, under instrument number _________ recorded on _________.
4. The undersigned have determined that the current declarations and bylaws of the planned community, as last amended or revised, conform with ORS 93.270 (2) and that there are no provisions that would restrict the use of the community or the lots or units of the community because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits. Any such provision that may inadvertently remain is void and unenforceable.
5. Under this section, a vote of the association is not required.
6. The description of the real property in _________ County affected by this document is:
______________________
______________________
Dated this _____ day of _________ 20___.
Name: _________________
President, ____________ (association name)
Dated this _____ day of _________ 20___.
Name: _________________
Secretary, _________ (association name)
STATE OF OREGON | ) |
) | ss. |
County of _____ | ) |
The foregoing instrument was acknowledged before me this ___ day of ______ 20___ by ____________ and ____________.
__________________
Notary Public for Oregon
My commission expires: _________
______________________________________________________________________________
[2021 c. 67, § 4; 2021 c. 367, § 5b; 2023 c. 223, § 26]
Section 28, chapter 223, Oregon Laws 2023, provides:
Sec. 28. (1) The amendments to sections 4 and 6, chapter 67, Oregon Laws 2021, by sections 26 and 27 of this 2023 Act are intended to extend the deadline for compliance with those sections and to clarify the process by which associations may comply with those sections.
(2) Sections 4 and 6, chapter 67, Oregon Laws 2021, as amended by sections 26 and 27 of this 2023 Act, do not apply to a planned community or condominium that:
(a) Was established on or after September 1, 2021; or
(b) Complied with the requirements of section 4 or 6, chapter 67, Oregon Laws 2021, that were in effect before the effective date of this 2023 Act [June 30, 2023], notwithstanding the former deadline for compliance of December 31, 2022. [2023 c. 223, § 28