Oregon planned community and condominium associations are governed by the Oregon Planned Community Act and the Oregon Condominium Act. The 2021 and 2023 legislative sessions imposed a mandatory governing document review obligation on older associations, and the 2025 session made significant changes to construction defect liability and condo moisture inspection requirements. Oregon boards need to understand all three of these legislative developments.
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2021: ORS 93.270 Governing Document Review Required
Chapter 67 — ORS 93.270 Governing Document Review
Oregon's 2021 legislation (Chapter 67) required planned community HOAs established before September 1, 2021 to:
1. **Review** their declarations and bylaws by December 31, 2024.
2. **Amend** governing documents to remove any restrictions not permitted under ORS 93.270 — including discriminatory deed restrictions and other invalid covenant provisions.
Associations that have not completed this review and amendment process are potentially operating with governing documents that contain unenforceable or legally problematic provisions.
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2023: Extended Compliance Deadline
Chapter 223 — Extended Compliance Deadline
Recognizing that many associations needed additional time to complete the review process, the 2023 legislature extended the compliance deadlines from the 2021 act. Associations that could not complete their governing document review and amendment by the original deadline were given additional time under Chapter 223.
If your Oregon planned community association completed its ORS 93.270 review under the extended deadline, confirm that the amendments were properly adopted, recorded, and distributed to all members.
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2025: Construction Defect Reform and Moisture Inspections (Effective January 1, 2026)
HB 3746 — Construction Defect Reform & Moisture Inspections
HB 3746 makes two significant changes effective January 1, 2026:
Shorter Repose Period
The construction defect repose period for planned communities and condominiums is shortened from **10 years to 7 years**. This means associations have a shorter window to bring construction defect claims against builders and developers — and boards with aging construction should conduct inspections sooner rather than later.
Mandatory Moisture Inspections for Multifamily Condos
New multifamily condo projects must schedule moisture-intrusion inspections at **years 2 and 6** after substantial completion. Results must be reported to unit owners. This is designed to catch envelope and waterproofing failures before they become catastrophic.
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What Oregon HOA Boards Should Do Now
1. Confirm your ORS 93.270 governing document review is complete and amendments were properly recorded (Chapter 67 / Chapter 223).
2. If your association was formed before September 1, 2021 and has not completed the review, do so immediately with the assistance of Oregon HOA counsel.
3. Note the shortened 7-year construction defect repose period — if your association has aging construction, commission an inspection sooner rather than later (HB 3746, eff. Jan 1, 2026).
4. For new multifamily condo projects, schedule moisture-intrusion inspections at years 2 and 6 and prepare to report results to owners (HB 3746, eff. Jan 1, 2026).
5. Consult counsel if your association had or considered construction defect claims near the 10-year mark — the new 7-year period changes your timeline.
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How APM Provides Remote HOA Management in Oregon
APM provides professional remote HOA and condo management to Oregon boards through our HOA Alchemy platform, serving communities in Portland, Eugene, Salem, and across the state. Our compliance team monitors Oregon HOA law changes and helps clients complete governing document reviews and compliance updates. Contact us at billing@apmhoa.com or visit [apmhoa.com/remote-hoa-management/oregon](https://www.apmhoa.com/remote-hoa-management/oregon) for a free remote management proposal.
*This article is for general informational purposes only and does not constitute legal advice. For questions specific to your association, consult a licensed Oregon attorney.*
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