2026 Oregon Legislative Update: What Passed (and What Didn't) for Planned Communities

The 2026 Oregon Legislative Session convened on February 2 and adjourned sine die on March 6, 2026. It was a short session, but there were several bills of interest to planned community associations. Three bills specifically proposed changes to ORS Chapter 94, Oregon's Planned Communities Act. One passed, and two did not. Here is a summary.

SB 1551A — Fire Hardening (Passed)

The most significant bill for planned communities this session was SB 1551A, which amends ORS 94.572, 94.573, and 94.630. The bill addresses a growing tension between wildfire preparedness and community aesthetics.

Under existing law, many planned communities have CC&Rs or architectural guidelines that restrict the types of building materials owners may use on their homes. In some cases, those restrictions effectively prevent homeowners from replacing combustible materials—such as wood shake roofing or cedar siding—with fire-resistant alternatives. SB 1551A changes that.

The new law invalidates deed restrictions and planned community governing documents that prohibit the replacement of non-fire-hardened building materials or the installation of fire-hardened building materials on residential properties. It also limits an association's ability to enforce regulations that would constrain the installation of fire-hardened building materials.

Importantly, the bill applies to both new and existing deed restrictions and planned communities. It takes effect on the 91st day following adjournment sine die, which puts the effective date in early June 2026.

What this means for associations: Boards and architectural review committees should review their CC&Rs and design guidelines to identify any provisions that restrict the use of fire-resistant materials. Once effective, the association will not be able to deny an architectural application solely because the proposed materials are fire-hardened alternatives to what currently exists, even if the governing documents would otherwise require a specific material type. Associations may still maintain reasonable aesthetic standards—for example, requiring that replacement materials be of a similar color or profile—but they cannot prohibit fire-hardened materials outright.

HB 4064 — HOA Assessments on Tax-Foreclosed Property (Did Not Pass)

HB 4064 would have amended ORS 94.709 (and ORS 100.450 for condominiums). The bill attempted to clarify when association assessments begin to accrue on property that has been deeded to the county through the tax foreclosure process. It would have created a lien for the amount of those assessments and established rules about who is liable and when the lien must be satisfied.

This is an issue that many associations encounter. When a property goes through tax foreclosure and is deeded to the county, questions arise about whether the association can continue to assess that lot and, if so, against whom. HB 4064 was referred to the House Committee on Housing and Homelessness but received no hearings and no further action before the session ended.

Outlook: The bill may be reintroduced in the 2027 long session. Associations dealing with tax-foreclosed properties should continue to consult with legal counsel about the accrual and collection of assessments during the foreclosure process.

HB 4080 — Portable Solar Photovoltaic Devices (Did Not Pass)

HB 4080 would have amended ORS 94.779 (and ORS 100.023 for condominiums) to limit the ability of homeowners associations and condominium associations to restrict the installation and use of portable solar photovoltaic energy devices—commonly known as balcony solar panels. The bill would have allowed homeowners to install plug-in solar devices with up to 1,200 watts of total generating capacity.

The bill received public testimony in the House Committee on Climate, Energy, and Environment, but did not advance. Safety concerns raised by electricians and firefighters about plug-in solar systems were a significant factor. The bill was in committee upon adjournment on March 6.

Outlook: This issue is likely to return in the 2027 session if safety standards can be addressed. Oregon already limits the ability of associations to restrict conventional rooftop solar installations under ORS 94.779. If a future version of HB 4080 passes, it would extend similar protections to portable and balcony-mounted solar devices. Associations should be aware of this trend and monitor future legislative sessions.

The 2026 session was relatively quiet for planned communities, but SB 1551A is a meaningful change. Associations should take steps now to review their governing documents and architectural guidelines to ensure compliance before the law takes effect this summer. If you have questions about how these legislative changes may affect your community, please contact our office.