Powers of association

ORS 94.630 Powers of association (1) Subject to subsection (2) of this section and ORS 94.762 (Electric vehicle charging stations) , 94.763 (Association use of pesticides on lots) , 94.776 (Development and division of lots) , 94.778 (Prohibition against installation of solar panels void and unenforceable) and 94.779 (Unenforceability of certain requirements and restrictions) , and except as otherwise provided in its declaration or bylaws, a homeowners association may: (a) Adopt and amend bylaws, rules and regulations for the planned community; (b) Adopt and amend budgets for revenues, expenditures and reserves, and collect assessments from owners for common expenses and the reserve account established under ORS 94.595 (Reserve account for maintaining, repairing and replacing common property) ; (c) Hire and terminate managing agents and other employees, agents and independent contractors; (d) Defend against any claims, proceedings or actions brought against it; (e) Subject to subsection (4) of this section, initiate or intervene in litigation or administrative proceedings in its own name and without joining the individual owners in the following: (A) Matters relating to the collection of assessments and the enforcement of governing documents; (B) Matters arising out of contracts to which the association is a party; (C) Actions seeking equitable or other nonmonetary relief regarding matters that affect the common interests of the owners, including but not limited to the abatement of nuisance; (D) Matters, including but not limited to actions for damage, destruction, impairment or loss of use, relating to or affecting: (i) Individually owned real property, the expenses for which, including maintenance, repair or replacement, insurance or other expenses, the association is responsible; or (ii) Common property; (E) Matters relating to or affecting the lots or interests of the owners including but not limited to damage, destruction, impairment or loss of use of a lot or portion thereof, if: (i) Resulting from a nuisance or a defect in or damage to common property or individually owned real property, the expenses for which, including maintenance, repair or replacement, insurance or other expenses, the association is responsible; or (ii) Required to facilitate repair to any common property; and (F) Any other matter to which the association has standing under law or pursuant to the declaration or bylaws; (f) Make contracts and incur liabilities; (g) Regulate the use, maintenance, repair, replacement and modification of common property; (h) Cause additional improvements to be made as a part of the common property; (i) Acquire, hold, encumber and convey in its own name any right, title or interest to real or personal property, except that common property may be conveyed or subjected to a security interest only pursuant to ORS 94.665 (Authority of association to sell, transfer, convey or encumber common property) ; (j) Grant easements, leases, licenses and concessions through or over the common property as provided in ORS 94.665 (Authority of association to sell, transfer, convey or encumber common property) ; (k) Modify, close, remove, eliminate or discontinue the use of common property, including any improvement or landscaping, regardless of whether …

Showing excerpt. Read full text on official source →