Before an Oregon homeowners association can charge you a fine, ORS § 94.630(1)(n) requires the board to give written notice and an opportunity to be heard, and it requires that the fine be grounded in one of two things: a fine schedule contained in the declaration or bylaws (or an amendment to either) that was delivered to each lot, mailed to each owner's mailing address, or mailed to an address the owner designated in writing — or a resolution of the board or association that went through the same delivery requirement. The condo version, § 100.405(4)(k), is built the identical way, down to the delivery mechanics. If the board can't show you when and how the fine schedule or resolution was actually sent to your address, the fine it's trying to collect is vulnerable on its face.
Be clear-eyed about what the statute doesn't do. Unlike some states, Oregon doesn't cap the dollar amount of a fine, and it doesn't spell out how many days you have to request a hearing or how much notice the board must give you of one. The only textual requirements are that the fine be 'reasonable' and that it trace to a properly delivered schedule or resolution — the actual hearing mechanics (how you ask, how much notice you get, who decides) come from your declaration and bylaws, not from §§ 94.630(1)(n) or 100.405(4)(k) directly. Read your governing documents alongside the statute before you build your response.
The fine you ignore can become a lien
Here's the part that catches owners off guard: Oregon doesn't treat an unpaid fine as a separate, lower-stakes debt. ORS § 94.709(5) provides that, unless your declaration or bylaws say otherwise, fees, late charges, fines, and interest imposed under the board's § 94.630(1)(L), (n), and (o) powers are enforceable as assessments under § 94.709 — the same statute that lets the association lien and foreclose on unpaid dues. The condo statute, § 100.450(1), reaches the same place through broader language: the lien 'includes interest, late charges, attorney fees, costs or other amounts levied under the declaration or bylaws,' which covers a fine levied through a properly delivered schedule or resolution. A $150 fine you shrug off can end up riding into the lien machinery covered in the foreclosure guide.
There's also a related power worth knowing about: § 94.630(1)(m) (HOA) and § 100.405(4)(L) (condo) let the board adopt rules terminating utility services or access to recreational and service facilities paid for out of assessments, but only if those rules 'provide for written notice and an opportunity to be heard' before the association cuts anyone off. A board that shuts off your amenity access or a utility without that written notice and hearing chance has skipped a step the statute requires just as much as it requires one for a fine.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
ORS § 94.630(1)(n)
Lets an HOA board levy reasonable fines only after written notice and an opportunity to be heard, and only when the fine is based on a schedule or resolution actually delivered or mailed to each lot.
ORS § 100.405(4)(k)
The condo parallel — identical notice-and-hearing requirement and delivery mechanics for the fine schedule or resolution.
ORS § 94.709(5)
Makes fines (along with fees, late charges, and interest) imposed under the board's rulemaking powers enforceable as assessments — meaning they can be swept into the association's lien, unless the declaration or bylaws say otherwise.
ORS § 94.670(8)
Gives an owner the right to a written statement, within 10 business days of a request, breaking out assessments, fines and other charges, accrued interest, and late-payment charges separately (condo equivalent: § 100.480(8)).
Step by step
How to challenge an Oregon HOA or condo fine
A step-by-step path to dispute an Oregon HOA or condo fine using the notice, delivery, and hearing requirements in ORS §§ 94.630(1)(n) and 100.405(4)(k).
- 01
Confirm which act governs
Check your declaration to see whether you're under the Oregon Condominium Act (§ 100.405(4)(k)) or the Planned Community Act (§ 94.630(1)(n)). The procedure is parallel but the section numbers differ.
- 02
Ask where and when the fine schedule was actually sent to you
In writing, ask the board to identify the specific fine schedule or resolution your charge is based on, and when it was delivered to your lot or unit, mailed to your address, or mailed to an address you designated. A fine that can't be traced to a properly delivered schedule or resolution is vulnerable under the statute.
- 03
Request the hearing the statute guarantees
Send written notice that you dispute the fine and want the hearing § 94.630(1)(n) or § 100.405(4)(k) requires. Since Oregon doesn't set a statutory deadline for your request, check your bylaws for any timeline they impose, and act promptly regardless.
- 04
Pull the 10-business-day statement of what you owe
Request the written statement under § 94.670(8) / § 100.480(8) that breaks out assessments, fines, interest, and late fees separately. Use it to confirm exactly what's being charged before you argue about the total.
- 05
Treat it as lien risk, not just a fine
Because § 94.709(5) lets an unpaid fine ride into the association's lien statute, don't let a small fine sit unresolved. Negotiate, pay under protest and preserve your challenge in writing, or escalate before it compounds — see the foreclosure guide if a lien has already been recorded.
Straight answers
Common questions
Can an Oregon HOA or condo fine me without a hearing?
No. ORS § 94.630(1)(n) (HOA) and § 100.405(4)(k) (condo) require written notice and an opportunity to be heard before a board can levy a fine, and the fine has to be based on a schedule or resolution that was actually delivered or mailed to your lot or unit.
Is there a cap on HOA or condo fines in Oregon?
Not a fixed dollar cap. Oregon's statutes require the fine to be 'reasonable' and properly grounded in a delivered schedule or resolution, but they don't set a maximum amount or a specific hearing timeline the way some states do — check your declaration and bylaws for any additional limits.
Can an unpaid fine really turn into a lien on my house?
Yes, by default. ORS § 94.709(5) makes fines imposed under the board's rulemaking powers enforceable as assessments unless your declaration or bylaws say otherwise, which means they can be swept into the same lien statute used for unpaid dues. Oregon's condo lien statute reaches the same result through broader 'other amounts levied' language.
What if I never actually received the fine schedule?
Then the fine is vulnerable. Both § 94.630(1)(n) and § 100.405(4)(k) require the underlying schedule or resolution to have been delivered to your lot or unit, mailed to your address, or mailed to an address you designated in writing — a fine with no proof of that delivery doesn't meet the statute's own conditions.