By Mick Harris
Pursuant to HB 2534—a bill that passed the Oregon Legislature in 2021—homeowners associations and condominium associations are required to review their governing documents and either (1) remove discriminatory language or (2) certify the nonexistence of such language on or before December 31, 2022. According to a House Committee on Housing Staff Measure Summary, the legislation was introduced to ensure that governing documents for homeowners associations and condominium associations do not violate the Federal Fair Housing Act or related Oregon laws that prohibit discrimination on the basis of sexual orientation, marital status, or source of income.
Under the new law, homeowners associations and condominium associations may not include, nor enforce, provisions in governing documents that would restrict access to the community because of race, color, religion, sex, sexual orientation, 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.
If such restrictions are included in an association’s governing documents, the association must amend or restate each document as necessary to remove all restrictions. If no such restrictions are included, the association must execute and record a declaration confirming that the association has reviewed the governing documents binding on the community and that the documents do not contain prohibited restrictions, rules, or regulations.
If you represent a homeowners association or condominium association, we encourage you to contact one of our real estate attorneys to ensure you are in compliance with HB 2534. We are happy to assist by reviewing your governance documents to determine whether it is necessary to amend and restate documents or record a declaration.
