Bill Text: OR HB3406 | 2013 | Regular Session | Introduced
Bill Title: Relating to communities governed by declaration.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3406 Detail]
Download: Oregon-2013-HB3406-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2044
House Bill 3406
Sponsored by Representative VEGA PEDERSON (at the request of
Marilyn McManus)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes owners, unit owners and residents of planned
communities or condominiums to place political signs or flags on
units and to hold certain public meetings in units or in common
areas.
A BILL FOR AN ACT
Relating to communities governed by declaration.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2013 Act are added to
and made a part of ORS 94.550 to 94.783. + }
SECTION 2. { + An owner or a resident in a planned community
who is prevented from exercising a right described in section 3
or 4 of this 2013 Act may bring an action in the appropriate
court having jurisdiction in the county in which the alleged
infringement occurred and, upon favorable adjudication, the court
shall enjoin the enforcement of a provision in a governing
document of the planned community that operates to deprive the
owner or resident of the right. + }
SECTION 3. { + (1) A provision in a governing document of a
planned community may not:
(a) Infringe upon the right of owners or residents in the
planned community to peaceably assemble in an open public meeting
for a lawful purpose, at reasonable times and in a reasonable
manner, in or on common property of the planned community.
Reasonable times include the hours between 8 a.m. and 10 p.m.,
seven days per week.
(b) Infringe upon the right of owners or residents to
communicate or assemble among themselves, at reasonable times and
in a reasonable manner, for the purpose of discussing any matter,
including but not limited to any matter relating to the planned
community. A discussion under this paragraph may be held in or on
common property or in a unit. A homeowners association may
enforce reasonable rules and regulations relating to issues,
including but not limited to place, scheduling, occupancy
densities and use of utilities.
(c) Prohibit an owner or resident from canvassing other owners
or residents for purposes described in this section.
(2) This section does not require a homeowners association to
permit an owner or resident to:
(a) Solicit money.
(b) Disregard a request by an owner or resident not to be
canvassed.
(3) As used in this section, 'canvass' includes making contact
with other persons door-to-door, making an oral or written
request or distributing, circulating, posting or publishing a
notice, a newsletter, a general announcement or any other
informational material relevant to the owners or residents of the
planned community. + }
SECTION 4. { + (1) A provision in a governing document of a
planned community may not infringe upon the right of an owner or
resident in a planned community to invite public officers or
candidates for public office to appear and speak upon matters of
public interest in or on common property at reasonable times and
in a reasonable manner in an open public meeting. A homeowners
association may enforce reasonable rules and regulations relating
to the time, place and scheduling of the speakers to protect the
interests of the majority of owners and residents.
(2) The homeowners association shall allow the owner or
resident to place political signs in a window of a unit or on an
exterior portion of a building that is clearly and specifically
identified to the unit. The size of the political signs and the
period during which the signs may be displayed are subject to the
reasonable rules of the homeowners association.
(3) The homeowners association shall allow the owner or
resident to place a flag in a window of a unit or on an exterior
portion of a building that is clearly and specifically identified
to the unit, and to install a flagpole on the lot of the owner or
resident. The size of the flag and flagpole and the period during
which the flag may be displayed are subject to the reasonable
rules of the homeowners association.
(4) For purposes of this section, an exterior portion of a
building is 'clearly and specifically identified to the unit' if
the unit is a separate building or if a building containing
multiple units is constructed, painted or otherwise marked in a
manner that readily allows identification from external cues of
the limits of specific units. + }
SECTION 5. { + Sections 6 to 8 of this 2013 Act are added to
and made a part of ORS chapter 100. + }
SECTION 6. { + A unit owner or a resident of a condominium
unit in a condominium who is prevented from exercising a right
described in section 7 or 8 of this 2013 Act may bring an action
in the appropriate court having jurisdiction in the county in
which the alleged infringement occurred and, upon favorable
adjudication, the court shall enjoin the enforcement of a
provision in a governing document of the condominium that
operates to deprive the unit owner or resident of the right. + }
SECTION 7. { + (1) A provision in a governing document of a
condominium may not:
(a) Infringe upon the right of unit owners or residents of the
condominium to peaceably assemble in an open public meeting for a
lawful purpose, at reasonable times and in a reasonable manner,
in or on common elements of the condominium. Reasonable times
include the hours between 8 a.m. and 10 p.m., seven days per
week.
(b) Infringe upon the right of unit owners or residents to
communicate or assemble among themselves, at reasonable times and
in a reasonable manner, for the purpose of discussing any matter,
including but not limited to any matter relating to the
condominium. A discussion under this paragraph may be held in or
on common elements or in a condominium unit. An association of
unit owners may enforce reasonable rules and regulations relating
to issues, including but not limited to place, scheduling,
occupancy densities and use of utilities.
(c) Prohibit a unit owner or resident from canvassing other
unit owners or residents for purposes described in this section.
(2) This section does not require an association of unit owners
to permit a unit owner or resident to:
(a) Solicit money.
(b) Disregard a request by a unit owner or resident not to be
canvassed.
(3) As used in this section, 'canvass' includes making contact
with other persons door-to-door, making an oral or written
request or distributing, circulating, posting or publishing a
notice, a newsletter, a general announcement or any other
informational material relevant to the unit owners or residents
of the condominium. + }
SECTION 8. { + (1) A provision in a governing document of a
condominium may not infringe upon the right of a unit owner or
resident of the condominium to invite public officers or
candidates for public office to appear and speak upon matters of
public interest in or on common elements at reasonable times and
in a reasonable manner in an open public meeting. An association
of unit owners may enforce reasonable rules and regulations
relating to the time, place and scheduling of the speakers to
protect the interests of the majority of unit owners and
residents.
(2) The association of unit owners shall allow the unit owner
or resident to place political signs in a window of a condominium
unit or on an exterior portion of a building that is clearly and
specifically identified to the unit. The size of the political
signs and the period during which the signs may be displayed are
subject to the reasonable rules of the association of unit
owners.
(3) The association of unit owners shall allow the unit owner
or resident to place a flag in a window of a condominium unit, on
an exterior portion of a building that is clearly and
specifically identified to the unit and, subject to the approval
of all unit owners to whom a limited common element is reserved,
to install a flagpole with a flag in a limited common element.
The size of the flag and flagpole and the period during which the
flag may be displayed are subject to the reasonable rules of the
association of unit owners.
(4) For purposes of this section, an exterior portion of a
building is 'clearly and specifically identified to the unit' if
the condominium unit is a separate building or if a building
containing multiple condominium units is constructed, painted or
otherwise marked in a manner that readily allows identification
from external cues of the limits of specific units. + }
SECTION 9. { + Sections 2 to 4 of this 2013 Act apply to the
conduct of owners or residents in a planned community occurring
on or after the effective date of this 2013 Act. + }
SECTION 10. { + Sections 6 to 8 of this 2013 Act apply to the
conduct of unit owners or residents in a condominium occurring on
or after the effective date of this 2013 Act. + }
----------
