Compliance & Reality
Oregon HOA Disclosure Requirements: What Sellers, Title Companies, and Boards Need to Know About the Statutory Gap
Oregon has no formal resale certificate statute for planned communities. Disclosure is seller-driven under ORS 100.480 (condos) and property disclosure law. This guide covers what's required, what's not, and what title companies actually need.
Oregon is different from Washington and California in one important respect: there is no comprehensive resale certificate statute for planned communities.
For condominiums, ORS 100.480 establishes basic disclosure requirements. For planned communities governed by ORS Chapter 94 (the most common type of HOA in Oregon), the requirements are limited and fragmented.
This gap creates confusion for sellers, frustration for title companies, and risk for buyers. This guide explains what Oregon law actually requires, where the gaps are, and how associations can provide institutional-quality disclosures even without a statutory mandate.
Oregon vs. Washington vs. California
| Feature | Washington | California | Oregon |
|---|---|---|---|
| Resale certificate statute | RCW 64.90.640 (26 items) | Civil Code 4525 (15 items) | ORS 100.480 (condos only, limited) |
| Planned community disclosures | Covered by WUCIOA | Covered by Davis-Stirling | ORS 94.670 (limited) |
| Fee cap | $275 initial / $100 update | Not specified | Not specified |
| Delivery deadline | 10 days | Reasonable time | Not specified |
| Mandatory items | 20-26 depending on statute | 15 | 13 (ORS 94.670) |
| Enforcement | Buyer may rescind | Buyer may rescind | Limited remedies |
The contrast is stark. Washington and California have detailed, prescriptive frameworks that tell associations exactly what to disclose, how, and when. Oregon leaves much more to the parties involved.
What Oregon Law Actually Requires
ORS 100.480 — Condominium Resale Certificates
For Oregon condominiums (governed by ORS Chapter 100), the seller must provide a resale certificate that includes:
- Monthly assessment amount
- Any unpaid assessments by the seller
- The association's current balance sheet and income/expense statement
- Any pending special assessments
- The association's current insurance coverage
- Any pending litigation against the association
- Any known violations of health or building codes
- Any restrictions on use or occupancy
This is a relatively standard condominium resale disclosure — similar in scope to pre-WUCIOA Washington requirements, but with less specificity on individual items.
ORS 94.670 — Planned Community Disclosures
For planned communities (the majority of Oregon HOAs), ORS 94.670 requires the association to provide certain information to owners and prospective purchasers upon request:
- Financial statements
- Budget
- Reserve study (if one exists)
- Insurance coverage
- Governing documents (CC&Rs, bylaws, rules)
- Any pending litigation
- Any pending special assessments
- Assessment amounts and delinquency status
- Deferred maintenance information
- Any restrictions on use, occupancy, or alienability
- Meeting minutes (if maintained)
- Known material defects in common areas
- Any restrictions on the owner's right to sell, lease, or transfer
The Gap: What's Missing
| Washington/California Require | Oregon Does Not |
|---|---|
| Specific statutory format and itemization | No prescribed format |
| Fee caps on certificate preparation | No fee regulation |
| Delivery deadline with rescission remedy | No deadline with teeth |
| EV charging disclosures | Not addressed |
| Specific reserve funding status metrics | General reserve study only (if one exists) |
| Age-related restriction disclosures | Not separately itemized |
| Sale proceeds restriction disclosures | Not separately itemized |
What Title Companies Actually Need
Despite Oregon's lighter statutory framework, title companies and escrow officers still need reliable information to close transactions. In practice, they need:
- Owner account status — Current assessments, any unpaid balances, late fees, or special assessments
- Association financial health — Budget, reserve balance, any pending special assessments
- Insurance coverage — Policy types, limits, deductibles, carrier information
- Litigation status — Any pending or threatened claims
- Restrictions — Rental restrictions, transfer restrictions, use limitations
- Governance status — Board composition, meeting frequency, governing documents
The absence of a mandated format does not reduce the buyer's need for this information — it just means the process of obtaining it is less standardized and more prone to delays.
In Oregon, when the association's disclosure obligations are limited, the burden shifts to the seller.
Oregon Property Disclosure Law (ORS 105.464-105.490)
Oregon sellers are required to complete a property disclosure statement that covers the physical condition of the property, known defects, environmental hazards, and — for properties in common interest communities — relevant HOA information.
The seller's disclosure form includes questions about: - Whether the property is subject to an HOA - Monthly assessment amounts - Any pending special assessments - Any known disputes with the association - Any restrictions on use or modification
The Problem: Seller Reliance on Informal Information
Without a formalized resale certificate process, sellers typically: 1. Contact the HOA (or management company) and request account information 2. Receive a letter or email with varying levels of detail 3. Include this in the disclosure packet 4. Hope the information is accurate and current
The accuracy depends entirely on what the HOA provides — and how current that information is. There is no statutory requirement that the HOA respond within a specific timeframe, provide a specific format, or verify the accuracy of the information.
Risk Allocation
When disclosures are incomplete or inaccurate: - The seller faces liability for material omissions in the property disclosure statement - The buyer has limited statutory remedies (no automatic rescission right like Washington) - The association faces reputational risk but limited direct legal exposure for disclosure failures
Best Practice for Oregon Sellers:
Even though Oregon does not mandate a formal resale certificate, sellers should: 1. Request a written statement from the HOA covering all standard disclosure categories 2. Provide the complete governing documents to the buyer 3. Disclose any known disputes, assessments, or restrictions 4. Document what was requested from the HOA and what was received
This creates a defensible record even in the absence of a statutory framework.
How CommunityPay Helps Oregon Associations
Even without a statutory mandate for formal resale certificates, CommunityPay provides Oregon associations with the infrastructure to produce institutional-quality disclosures:
Oregon Compliance Profile (ORS 94.670)
CommunityPay maintains an active compliance profile for Oregon planned communities covering 13 disclosure items mapped to ORS 94.670 requirements. The profile ensures that even without a prescriptive statutory format, the association's disclosures are comprehensive and consistent.
Live Ledger Data
Financial disclosures — owner balances, assessment status, reserve fund balance, budget data — are pulled from the live general ledger. No exports, no reconciliation, no stale data.
Deferred Maintenance Tracking
Oregon's ORS 94.670 requires disclosure of deferred maintenance information. CommunityPay tracks this through fixed asset records and reserve component inventory, providing data-backed deferred maintenance disclosures rather than subjective board estimates.
Institutional-Grade Output
Every disclosure package generated by CommunityPay is: - Content-hashed (SHA-256) and stored as an immutable institutional packet - Versioned with a chain linking to prior generations - Comprehensive across all standard disclosure categories, even where the statute does not require specific items
The result: Oregon associations that use CommunityPay produce disclosures that meet or exceed Washington and California standards — creating competitive advantage for sellers, confidence for buyers, and efficiency for title companies.
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For comparison with more prescriptive frameworks: - Washington Resale Certificate Guide — What a mandated 20/26-item resale certificate framework looks like - California HOA Disclosure Requirements 2026 — California's 15-item disclosure framework under Civil Code 4525 - HOA Reserve Study Requirements: WA, OR, CA Compared — Reserve study obligations across all three states
This guide covers Oregon HOA disclosure requirements under ORS 100.480 and ORS 94.670 as of 2026. For legal advice specific to your community or transaction, consult an Oregon real estate attorney. For a walkthrough of CommunityPay's Oregon compliance profile, contact us.
How CommunityPay Enforces This
- Oregon compliance profile covers 13 required items under ORS 94.670 for planned communities
- Resale certificates auto-populate financial sections from the live ledger — even without a mandated statutory format
- Deferred maintenance data sourced from fixed asset tracking and reserve component inventory
- Immutable institutional packets with SHA-256 content hash — institutional-grade even in a lightly regulated environment
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