94.779 Unenforceability of certain requirements and restrictions
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94.779 Unenforceability of certain requirements and restrictions.
(1)A provision of a planned community’s governing document or landscaping or architectural guidelines that imposes irrigation requirements on an owner or the association is void and unenforceable while any of the following is in effect:
(a)A declaration by the Governor that a severe, continuing drought exists or is likely to occur in a political subdivision within which the planned community is located;
(b)A finding by the Water Resources Commission that a severe, continuing drought exists or is likely to occur in a political subdivision within which the planned community is located;
(c)An ordinance adopted by the governing body of a political subdivision within which the planned community is located that requires conservation or curtailment of water use; or
(d)A rule adopted by the association under subsection
(2)of this section to reduce or eliminate irrigation water use.
(2)Notwithstanding any provision of a planned community’s governing documents or landscaping or architectural guidelines imposing irrigation requirements on an owner or the association, an association may adopt rules that:
(a)Require the reduction or elimination of irrigation on any portion of the planned community.
(b)Permit or require the replacement of turf or other landscape vegetation with xeriscape on any portion of the planned community.
(c)Require prior review and approval by the association or its designee of any plans by an owner or the association to replace turf or other landscape vegetation with xeriscape.
(d)Require the use of best practices and industry standards to reduce the landscaped areas and minimize irrigation of existing landscaped areas of common property where turf is necessary for the function of the landscaped area.
(3)Except as provided in subsections
(4)and
(5)of this section, if adopted on or after January 1, 2018, the following provisions of a planned community’s governing document are void and unenforceable:
(a)A provision that prohibits or restricts the use of the owner’s unit or lot as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500; or
(b)If the unit does not share a wall, floor or ceiling surface in common with another unit, a provision that prohibits or restricts the use of the owner’s unit or lot as a certified or registered family child care home pursuant to ORS 329A.250 to 329A.450.
(4)Subsection
(3)of this section does not prohibit a homeowners association from adopting or enforcing a provision of the planned community’s governing document that regulates parking, noise, odors, nuisance, use of common property or activities that impact the cost of insurance policies held by the planned community, provided the provision:
(a)Is reasonable; and
(b)Does not have the effect of prohibiting or restricting the use of a unit or lot as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500 or as a certified or registered family child care home pursuant to ORS 329A.250 to 329A.450.
(5)(a) Subsection
(3)of this section does not apply to planned communities that provide housing for older persons.
(b)As used in this subsection, “housing for older persons” has the meaning given that term in ORS 659A.421.
(6)A provision in a planned community’s governing document that restricts or prohibits the installation or use of a portable cooling device, as defined in ORS 90.355, is void and unenforceable, unless:
(a)The installation or use of the device would:
(A)Violate building codes or state or federal law; or
(B)Violate the device manufacturer’s written safety guidelines for the device; or
(b)The restrictions are only to require that the device be removed from October 1 through April 30. [2017 c.423 §7; 2017 c.423 §7b; 2022 c.86 §3; 2025 c.2 §3]