Can an HOA Restrict Rentals in Oregon?

What Oregon law says

Oregon splits common-interest communities between two statutes: the Oregon Planned Community Act (ORS 94.550 to 94.783) for HOAs, and the Oregon Condominium Act (ORS Chapter 100) for condos. Neither statute contains a general provision authorizing or limiting rental restrictions — there is no Oregon equivalent of a rental-cap statute. The power to ban, cap, or condition rentals comes from the declaration, and Oregon courts have historically been deferential to association authority exercised within the documents.

The critical statutory wrinkle is ORS 100.410, which singles out rental limitations for special treatment in condominiums. While most bylaw amendments in an exclusively residential Oregon condo need only majority approval, amendments 'relating to age restrictions, pet restrictions, limitations on the number of persons who may occupy units and limitations on the rental or leasing of units' are not effective unless approved by at least 75 percent of the owners (or a greater percentage the bylaws specify). This means a condo board cannot quietly tighten rental rules — adding a cap or a ban to the bylaws requires a true supermajority. Planned communities have no parallel statutory threshold; their amendment procedures come from ORS 94.580 and the declaration itself.

Two newer overlays matter. ORS 94.811 lets declarations prohibit timeshare plans (a different creature from ordinary rentals), and HB 2138 (2025) voids private covenants that prohibit or unreasonably restrict middle housing and ADUs — retroactively reaching existing HOA documents starting in 2027. Separately, cities like Portland operate their own short-term-rental permit regimes, so Oregon investors must clear both the HOA's documents and the municipal program.

• ORS 100.410 (condo bylaw amendments) — Bylaw amendments limiting rental/leasing of units require at least 75% owner approval.
• ORS Chapter 100 (Oregon Condominium Act) — Governs condo formation and operation; no general rental-restriction provision.
• ORS 94.550–94.783 (Oregon Planned Community Act) — Governs HOAs; amendment procedures come from ORS 94.580 and the declaration.
• ORS 94.811 (timeshare prohibition) — Declarations may prohibit timeshare plans — distinct from ordinary rental restrictions.
• HB 2138 (2025, middle housing) — Voids private covenants banning middle housing/ADUs, retroactive to existing HOA documents from 2027.

What HOAs in Oregon can and can’t do

HOAs generally can:

• Ban or cap rentals in the declaration, including outright bans with hardship exceptions
• Require board approval of leases, written leases, minimum lease terms, and lease-information filings
• Impose rental waitlists and unit caps (e.g., a fixed number of leased units at any time)
• Ban transient, hotel, and short-term rental use, and require board-approved business plans for STRs
• For condos: adopt bylaw amendments limiting rental or leasing — but only with at least 75% owner approval under ORS 100.410

Limits under Oregon law:

• Adopt a condo bylaw amendment limiting rentals on a simple board vote or bare majority — ORS 100.410 requires at least 75% of owners (or a higher percentage the bylaws specify)
• Enforce covenants that prohibit or unreasonably restrict middle housing or ADUs: HB 2138 voids such private restrictions retroactively (phasing in from 2027)
• Prohibit timeshare plans only where the declaration so provides (ORS 94.811 addresses timeshares, not ordinary rentals)
• Use a rental rule to effectively prohibit family child-care homes — ORS 94-series child-care protections limit HOA power over licensed care uses

Things to know in Oregon

• ORS 100.410's 75% supermajority for rental-limitation amendments is the state's most distinctive leasing rule — a simple board vote cannot tighten condo rental policy.
• The supermajority rule is condo-specific (ORS Chapter 100); planned communities under ORS Chapter 94 follow their declaration's amendment procedure instead.
• HB 2138 (2025) voids HOA covenants banning middle housing/ADUs retroactively from 2027 — a density rule, not a rental rule, but it can invalidate the covenant an investor is reading.
• Oregon HOAs commonly pair rental bans with hardship exceptions (emergency, undue hardship) rather than absolute prohibitions, and courts have upheld association rulemaking within the documents.

Rental rules we’re seeing in Oregon

Real examples from the HOA411 database:

• Crescent Ridge, Eugene — Crescent Ridge's HOA Realtor FAQ states 'Rentals are not allowed. Investor purchases are not allowed' — a hard ban with only an emergency/hardship exception available by board application; 2025 assessments were $120/month with a $180–$225 transfer fee.
• Cambridge Greens at McNary Estates, Keizer — Cambridge Greens at McNary Estates' First Amendment to CC&Rs (recorded Marion County 9/16/2024, Doc 2024-28905), Article V §8, provides that 'An owner may not rent or lease a lot or living unit except as provided by the following rules' — a prohibition with only legacy (existing tenants), mortgagee (foreclosing lender), and hardship (board-approved) exceptions.
• Albany Reserve, Albany — Albany Reserve Condominiums' Rental/Leasing Regulations cap leasing at 'No more than 5 units may be leased at any time during the year'; transient/hotel use (rentals under 12 months) is banned, and only entire-unit written leases subject to the condo documents are allowed.
• Rock Creek, Portland — Rock Creek's master HOA governs short-term rentals through an official Short-Term Rental Resolution requiring board-approved business plans for STRs, while long-term leasing is unrestricted and rentals occur in the community.
• Tanasbourne, Hillsboro — In Tanasbourne, Hillsboro Cove HOA rules permit townhome leasing with conditions: only the entire townhome may be leased, the initial term must be at least 6 months, and a Lease Information Form must be filed with the board president; 12–18 month rental leases have been observed.

Frequently asked questions

Can an Oregon HOA ban rentals completely?

Yes, if the declaration bans them. Oregon associations enforce outright rental bans with hardship exceptions, and ORS 100.410's 75% rule applies to condo bylaw amendments limiting rentals — a declaration-level ban adopted with proper approval is enforceable.

Can a condo board limit rentals with a simple majority vote?

No — not by board vote or simple majority. ORS 100.410 provides that amendments relating to 'limitations on the rental or leasing of units' (along with age, pet, and occupancy limits) are not effective unless approved by at least 75% of owners or a greater percentage the bylaws specify. General bylaw amendments need only a majority.

Do planned-community HOAs need 75% approval for rental limits too?

Planned communities under ORS Chapter 94 have no statutory supermajority for rental limits — the declaration's own amendment procedure (often 75% under ORS 94.580, but the documents may set a lower threshold for certain amendments) controls. The ORS 100.410 75% rule is condo-specific.

Does Oregon's middle-housing law (HB 2138) affect HOA rental rules?

Yes, and it is a meaningful one. HB 2138 (2025) provides that certain private covenants and restrictions prohibiting or unreasonably restricting middle housing (duplexes, triplexes, ADUs, etc.) or housing density are void and unenforceable, applying retroactively to existing HOA governing documents starting in 2027. It targets density bans, not rental policy per se.

Can an Oregon HOA ban subletting or roommate rentals?

Boards can and do: lease-information forms, minimum lease terms, entire-unit-only requirements, and bans on subleasing are standard. A board can also require lease agreements to prohibit tenants from subletting, giving the owner eviction grounds if the tenant violates it.

What about short-term rentals in Oregon cities?

Oregon cities run their own programs — Portland requires STR permits with caps, for example. An HOA's rental rules sit on top of city rules: a rental the HOA allows may still need a city permit, and a city permit does not override an HOA ban.

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General information only, not legal advice. HOA rules change — confirm directly with the HOA or a Oregon attorney before buying or leasing.