94.763 Association use of pesticides on lots; notice to owners; owner opt out
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94.763 Association use of pesticides on lots; notice to owners; owner opt out.
(1)As used in this section, “pesticide” has the meaning given that term in ORS 634.006.
(2)A homeowners association must provide, upon an owner’s request, notice to the owner of:
(a)The dates and times that the association plans to apply a pesticide to the owner’s property; and
(b)The means by which the owner may exclude the owner’s property from the application of the pesticide under subsection
(3)of this section.
(3)An association may not require an owner to apply a pesticide and shall allow any owner to exclude the owner’s property from the landscaping activities of the association that include application of a pesticide, except to the extent a pesticide or other pest management practice is necessary to manage or prevent a pest issue that could harm ecological or public health.
(4)An owner’s exclusion from the application of a pesticide under subsection
(3)of this section is an assumption of the landscaping responsibility by the owner, and the association may enforce against the responsible owner reasonable standards for landscaping that allow for consistent appearances within the community.
(5)A provision in a governing document inconsistent with this section is against the policy of this state to support public health, safety and welfare and is void and unenforceable. [2021 c.64 §2]