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--- version:Enrolled+++ version:A-Engrossed@@ -1,252 +1,475 @@+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+2483rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session-Enrolled+A-EngrossedSenate Bill 1551-Sponsored by Senators GELSER BLOUIN, GOLDEN; Senators BROADMAN, PHAM K,-PROZANSKI, Representatives FRAGALA, MCDONALD (Presession filed.)-CHAPTER .................................................-AN ACT-Relating to fire hardening of residential properties; creating new provisions; amending ORS 94.572,+Ordered by the Senate February 13+Including Senate Amendments dated February 13+Sponsored by Senators GELSER BLOUIN, GOLDEN; Senators BROADMAN, PHAM K, PROZANSKI, Represen-+tatives FRAGALA, MCDONALD (Presession filed.)+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. The statement includes a measure digest written in compliance with applicable readability standards.+Digest: This Act stops HOAs or deed terms from limiting an owner from upgrading the fire+safety of materials in their home. (Flesch Readability Score: 60.6).+Invalidates deed restrictions and planned community governing documents prohibiting the [ re-+moval] replacement of nonfire-hardened building materials or installation of fire-hardened building+materials on residential properties. Limits a homeowners association’s ability to enforce regulations+that would constrain installation of fire-hardened building materials. Applies to new and existing+deed restrictions and planned communities.+Takes effect on the 91st day following adjournment sine die.+A BILL FOR AN ACT+Relating to fire hardening of residential properties; creating new provisions; amending ORS 94.572,94.573 and 94.630; and prescribing an effective date.Be It Enacted by the People of the State of Oregon:-SECTION 1. Section 2 of this 2026 Act is added to and made a part of ORS chapter 93.-SECTION 2. (1) As used in this section, “fire-hardened building materials” means mate--rials that meet any of the following criteria as most recently adopted as of the effective date+SECTION 1.+Section 2 of this 2026 Act is added to and made a part of ORS chapter 93.+SECTION 2. (1) As used in this section, “fire-hardened building materials” means mate-+rials that meet any of the following criteria as most recently adopted as of the effective dateof this 2026 Act:-(a) The criteria for construction in wildland areas set forth in the International+(a) The criteria for construction in wildland areas set forth in the InternationalWildland-Urban Interface Code;-(b) The criteria for construction in wildland areas set forth in the National Fire Pro-+(b) The criteria for construction in wildland areas set forth in the National Fire Pro-tection Association Standard 1140; or-(c) The criteria included within a wildfire-prepared home as established by the Insurance+(c) The criteria included within a wildfire-prepared home as established by the InsuranceInstitute for Business and Home Safety.-(2) A provision in a recorded document, including a declaration as defined in ORS 94.550,+(2) A provision in a recorded document, including a declaration as defined in ORS 94.550,is void and unenforceable to the extent that the provision would:(a) Prohibit the installation, use or maintenance of fire-hardened building materials ona residential property; or-(b) Prohibit the removal of materials that are not fire-hardened building materials, in-+(b) Prohibit the removal of materials that are not fire-hardened building materials, in-cluding fences and other structures, from a residential property.-SECTION 3. Section 4 of this 2026 Act is added to and made a part of ORS 94.550 to-94.783.-SECTION 4. (1) A provision in a planned community’s governing documents is void and+SECTION 3.+Section 4 of this 2026 Act is added to and made a part of ORS 94.550 to 94.783.+SECTION 4. (1) A provision in a planned community’s governing documents is void andunenforceable to the extent that it:-(a) Prohibits both the removal of materials that are not fire-hardened building materials,-as defined in section 2 of this 2026 Act, and the replacement of materials that are not fire-+(a) Prohibits both the removal of materials that are not fire-hardened building materials,+NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.+New sections are in boldfaced type.+LC 33+A-Eng. SB 1551+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+38+39+40+41+42+43+44+45+as defined in section 2 of this 2026 Act, and the replacement of materials that are not fire-hardened building materials with fire-hardened building materials; or-(b) Limits the design, dimensions, placement, maintenance or external appearance of+(b) Limits the design, dimensions, placement, maintenance or external appearance offire-hardened building materials in a way that:-(A) Has the practical effect of prohibiting the use of all fire-hardened building materials;+(A) Has the practical effect of prohibiting the use of all fire-hardened building materials;or-(B) Requires the use of fire-hardened building materials that cost substantially more-than other fire-hardened building materials of similar quality to the materials proposed by-Enrolled Senate Bill 1551 (SB 1551-A) Page 1-the owner such that the cost practically prevents the owner from using fire-hardened build-+(B) Requires the use of fire-hardened building materials that cost substantially more+than other fire-hardened building materials of similar quality to the materials proposed by+the owner such that the cost practically prevents the owner from using fire-hardened build-ing materials or imposes an unreasonable burden on the owner.-(2) If an owner applies to install fire-hardened building materials or remove nonfire-+(2) If an owner applies to install fire-hardened building materials or remove nonfire-hardened building materials under this section, the application is deemed approved unless theassociation denies or requests modifications to the application in a written opinion that:(a) Is delivered within 90 days after the application is filed;-(b) Demonstrates in reasonable detail the basis for the denial and the scope of any nec-+(b) Demonstrates in reasonable detail the basis for the denial and the scope of any nec-essary modifications; and(c) Is not arbitrary or capricious.SECTION 5.ORS 94.572 is amended to read:-94.572. (1) A Class I or Class II planned community created before January 1, 2002, that was-not created under ORS 94.550 to 94.783 is subject to this section and ORS 94.550, 94.573, 94.574,-94.576, 94.577, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.640, 94.641,-94.642, 94.644, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665,-94.670, 94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716, 94.719, 94.723, 94.728,+94.572. (1) A Class I or Class II planned community created before January 1, 2002, that was+not created under ORS 94.550 to 94.783 is subject to this section and ORS 94.550, 94.573, 94.574,+94.576, 94.577, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.640, 94.641,+94.642, 94.644, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665,+94.670, 94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716, 94.719, 94.723, 94.728,94.733, 94.762, 94.770, 94.775, 94.777, 94.779 and 94.780 and section 4 of this 2026 Act to the extentthat those statutes are consistent with any governing documents of the planned community.-(2) If the governing documents of a planned community described in subsection (1) of this section-do not provide for the formation of a homeowners association, the requirements of this section are+(2) If the governing documents of a planned community described in subsection (1) of this section+do not provide for the formation of a homeowners association, the requirements of this section arenot effective until the formation of an association in accordance with ORS 94.574.-(3) If a provision of the governing documents of a planned community described in subsection-(1) of this section is inconsistent with this section, the owners may amend the governing documents+(3) If a provision of the governing documents of a planned community described in subsection+(1) of this section is inconsistent with this section, the owners may amend the governing documentsusing the procedures in ORS 94.573.-SECTION 6. ORS 94.573 is amended to read:-94.573. (1)(a)(A) The owners in a Class I or Class II planned community created before January-1, 2002, that was not created under ORS 94.550 to 94.783 may amend any provision of the planned-community’s governing documents to conform with this section and ORS 94.550, 94.572, 94.574,-94.576, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.640, 94.641, 94.642,-94.644, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670,-94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716, 94.719, 94.723, 94.728, 94.733,+SECTION 6.+ ORS 94.573 is amended to read:+94.573. (1)(a)(A) The owners in a Class I or Class II planned community created before January+1, 2002, that was not created under ORS 94.550 to 94.783 may amend any provision of the planned+community’s governing documents to conform with this section and ORS 94.550, 94.572, 94.574,+94.576, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.640, 94.641, 94.642,+94.644, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670,+94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716, 94.719, 94.723, 94.728, 94.733,94.762, 94.770, 94.775, 94.777, 94.779 and 94.780 and section 4 of this 2026 Act .-(B) An amendment to any provision of a planned community’s governing documents made pur--suant to this paragraph must be executed in accordance with the procedures for the adoption of-amendments prescribed by, and subject to any limitations specified in, the planned community’s+(B) An amendment to any provision of a planned community’s governing documents made pur-+suant to this paragraph must be executed in accordance with the procedures for the adoption of+amendments prescribed by, and subject to any limitations specified in, the planned community’sgoverning documents.-(C) Nothing in this section or ORS 94.572 requires the owners to amend a declaration or bylaws+(C) Nothing in this section or ORS 94.572 requires the owners to amend a declaration or bylawsto include the information required by ORS 94.580 or 94.635.-(b) If a planned community’s governing documents do not provide procedures to amend the-provisions of the governing documents:-(A) The owners may amend the inconsistent provisions of a governing document other than by--laws to conform with this section and ORS 94.550, 94.572, 94.574, 94.576, 94.590, 94.595 (5) to (9),-94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.640, 94.641, 94.642, 94.644, 94.645, 94.647, 94.650,-94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670, 94.675, 94.676, 94.680, 94.690,-94.695, 94.704, 94.709, 94.712, 94.716, 94.719, 94.723, 94.728, 94.733, 94.762, 94.770, 94.775, 94.777 and-94.780 and section 4 of this 2026 Act by a vote of at least 75 percent of the owners in the planned+[2]+A-Eng. SB 1551+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+38+39+40+41+42+43+44+45+(b) If a planned community’s governing documents do not provide procedures to amend the pro-+visions of the governing documents:+(A) The owners may amend the inconsistent provisions of a governing document other than by-+laws to conform with this section and ORS 94.550, 94.572, 94.574, 94.576, 94.590, 94.595 (5) to (9),+94.625, 94.626, 94.630 (1), (3) and (4), 94.639, 94.640, 94.641, 94.642, 94.644, 94.645, 94.647, 94.650,+94.652, 94.655, 94.657, 94.658, 94.660, 94.661, 94.662, 94.665, 94.670, 94.675, 94.676, 94.680, 94.690,+94.695, 94.704, 94.709, 94.712, 94.716, 94.719, 94.723, 94.728, 94.733, 94.762, 94.770, 94.775, 94.777 and+94.780 and section 4 of this 2026 Act by a vote of at least 75 percent of the owners in the plannedcommunity.-(B) The owners may amend the inconsistent provisions of the bylaws to conform with this sec--tion and ORS 94.550, 94.572, 94.574, 94.576, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and-(4), 94.639, 94.640, 94.641, 94.642, 94.644, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657, 94.658, 94.660,-94.661, 94.662, 94.665, 94.670, 94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716,-94.719, 94.723, 94.728, 94.733, 94.762, 94.770, 94.775, 94.777, 94.779, and 94.780 and section 4 of this+(B) The owners may amend the inconsistent provisions of the bylaws to conform with this sec-+tion and ORS 94.550, 94.572, 94.574, 94.576, 94.590, 94.595 (5) to (9), 94.625, 94.626, 94.630 (1), (3) and+(4), 94.639, 94.640, 94.641, 94.642, 94.644, 94.645, 94.647, 94.650, 94.652, 94.655, 94.657, 94.658, 94.660,+94.661, 94.662, 94.665, 94.670, 94.675, 94.676, 94.680, 94.690, 94.695, 94.704, 94.709, 94.712, 94.716,+94.719, 94.723, 94.728, 94.733, 94.762, 94.770, 94.775, 94.777, 94.779, and 94.780 and section 4 of this2026 Act by a vote of at least a majority of the owners in the planned community.-Enrolled Senate Bill 1551 (SB 1551-A) Page 2-(C) The owners may adopt an amendment to the provisions of a governing document at a meet--ing held in accordance with the governing documents or by another procedure permitted by the+(C) The owners may adopt an amendment to the provisions of a governing document at a meet-+ing held in accordance with the governing documents or by another procedure permitted by thegoverning documents that follows the procedures prescribed in ORS 94.647, 94.650 or 94.660.-(2) The owners of a planned community described in subsection (1) of this section shall execute,+(2) The owners of a planned community described in subsection (1) of this section shall execute,certify and record an amendment adopted pursuant to subsection (1) of this section to:(a) A recorded declaration as provided in ORS 94.590 (2), (3) and (5).-(b) The bylaws or any other governing document as provided in ORS 94.590 (3). If the bylaws-or other governing document to which the amendment relates were recorded, the owners shall cause-an amendment to the bylaws or other governing document to be recorded in the office of the re-+(b) The bylaws or any other governing document as provided in ORS 94.590 (3). If the bylaws+or other governing document to which the amendment relates were recorded, the owners shall cause+an amendment to the bylaws or other governing document to be recorded in the office of the re-cording officer of every county in which the planned community is located.(3) An amendment adopted pursuant to subsection (1) of this section shall include:-(a) A reference to the recording index numbers and date of recording of the governing docu--ment, if recorded, to which the amendment relates; and+(a) A reference to the recording index numbers and date of recording of the governing document,+if recorded, to which the amendment relates; and(b) A statement that the amendment is adopted.SECTION 7.ORS 94.630 is amended to read:-94.630. (1) Subject to subsection (2) of this section and ORS 94.762, 94.763, 94.776, 94.778 and-94.779 and section 4 of this 2026 Act , and except as otherwise provided in its declaration or by-+94.630. (1) Subject to subsection (2) of this section and ORS 94.762, 94.763, 94.776, 94.778 and+94.779 and section 4 of this 2026 Act , and except as otherwise provided in its declaration or by-laws, a homeowners association may:(a) Adopt and amend bylaws, rules and regulations for the planned community;-(b) Adopt and amend budgets for revenues, expenditures and reserves, and collect assessments+(b) Adopt and amend budgets for revenues, expenditures and reserves, and collect assessmentsfrom owners for common expenses and the reserve account established under ORS 94.595;-(c) Hire and terminate managing agents and other employees, agents and independent contrac-+(c) Hire and terminate managing agents and other employees, agents and independent contrac-tors;(d) Defend against any claims, proceedings or actions brought against it;-(e) Subject to subsection (4) of this section, initiate or intervene in litigation or administrative+(e) Subject to subsection (4) of this section, initiate or intervene in litigation or administrativeproceedings in its own name and without joining the individual owners in the following:-(A) Matters relating to the collection of assessments and the enforcement of governing docu-+(A) Matters relating to the collection of assessments and the enforcement of governing docu-ments;(B) Matters arising out of contracts to which the association is a party;-(C) Actions seeking equitable or other nonmonetary relief regarding matters that affect the+(C) Actions seeking equitable or other nonmonetary relief regarding matters that affect the+[3]+A-Eng. SB 1551+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+38+39+40+41+42+43+44+45common interests of the owners, including but not limited to the abatement of nuisance;-(D) Matters, including but not limited to actions for damage, destruction, impairment or loss of+(D) Matters, including but not limited to actions for damage, destruction, impairment or loss ofuse, relating to or affecting:-(i) Individually owned real property, the expenses for which, including maintenance, repair or+(i) Individually owned real property, the expenses for which, including maintenance, repair orreplacement, insurance or other expenses, the association is responsible; or(ii) Common property;-(E) Matters relating to or affecting the lots or interests of the owners including but not limited+(E) Matters relating to or affecting the lots or interests of the owners including but not limitedto damage, destruction, impairment or loss of use of a lot or portion thereof, if:-(i) Resulting from a nuisance or a defect in or damage to common property or individually-owned real property, the expenses for which, including maintenance, repair or replacement, insur-+(i) Resulting from a nuisance or a defect in or damage to common property or individually+owned real property, the expenses for which, including maintenance, repair or replacement, insur-ance or other expenses, the association is responsible; or(ii) Required to facilitate repair to any common property; and-(F) Any other matter to which the association has standing under law or pursuant to the dec-+(F) Any other matter to which the association has standing under law or pursuant to the dec-laration or bylaws;(f) Make contracts and incur liabilities;(g) Regulate the use, maintenance, repair, replacement and modification of common property;(h) Cause additional improvements to be made as a part of the common property;-(i) Acquire, hold, encumber and convey in its own name any right, title or interest to real or-personal property, except that common property may be conveyed or subjected to a security interest+(i) Acquire, hold, encumber and convey in its own name any right, title or interest to real or+personal property, except that common property may be conveyed or subjected to a security interestonly pursuant to ORS 94.665;-(j) Grant easements, leases, licenses and concessions through or over the common property as+(j) Grant easements, leases, licenses and concessions through or over the common property asprovided in ORS 94.665;-Enrolled Senate Bill 1551 (SB 1551-A) Page 3-(k) Modify, close, remove, eliminate or discontinue the use of common property, including any-improvement or landscaping, regardless of whether the common property is mentioned in the decla-+(k) Modify, close, remove, eliminate or discontinue the use of common property, including any+improvement or landscaping, regardless of whether the common property is mentioned in the decla-ration, provided that:-(A) Nothing in this paragraph is intended to limit the authority of the association to seek ap-+(A) Nothing in this paragraph is intended to limit the authority of the association to seek ap-proval of the modification, closure, removal, elimination or discontinuance by the owners; and-(B) Modification, closure, removal, elimination or discontinuance other than on a temporary-basis of any swimming pool, spa or recreation or community building must be approved by at least-a majority of owners voting on the matter at a meeting or by written ballot held in accordance with+(B) Modification, closure, removal, elimination or discontinuance other than on a temporary+basis of any swimming pool, spa or recreation or community building must be approved by at least+a majority of owners voting on the matter at a meeting or by written ballot held in accordance withthe declaration, bylaws or ORS 94.647;-(L) Impose and receive any payments, fees or charges for the use, rental or operation of the+(L) Impose and receive any payments, fees or charges for the use, rental or operation of thecommon property and services provided to owners;-(m) Adopt rules regarding the termination of utility services paid for out of assessments of the-association and access to and use of recreational and service facilities available to owners. The-rules must provide for written notice and an opportunity to be heard before the association may-terminate the rights of any owners to receive the benefits or services until the correction of any+(m) Adopt rules regarding the termination of utility services paid for out of assessments of the+association and access to and use of recreational and service facilities available to owners. The+rules must provide for written notice and an opportunity to be heard before the association may+terminate the rights of any owners to receive the benefits or services until the correction of anyviolation covered by the rule has occurred;-(n) Impose charges for late payment of assessments and attorney fees related to the collection-of assessments and, after giving written notice and an opportunity to be heard, levy reasonable fines-for violations of the declaration, bylaws, rules and regulations of the association, provided that the+(n) Impose charges for late payment of assessments and attorney fees related to the collection+of assessments and, after giving written notice and an opportunity to be heard, levy reasonable fines+for violations of the declaration, bylaws, rules and regulations of the association, provided that thecharge imposed or the fine levied by the association is based:-(A) On a schedule contained in the declaration or bylaws, or an amendment to either that is-delivered to each lot, mailed to the mailing address of each lot or mailed to the mailing addresses+(A) On a schedule contained in the declaration or bylaws, or an amendment to either that is+delivered to each lot, mailed to the mailing address of each lot or mailed to the mailing addressesdesignated in writing by the owners; or-(B) On a resolution of the association or its board of directors that is delivered to each lot,-mailed to the mailing address of each lot or mailed to the mailing addresses designated in writing+[4]+A-Eng. SB 1551+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+38+39+40+41+42+43+44+45+(B) On a resolution of the association or its board of directors that is delivered to each lot,+mailed to the mailing address of each lot or mailed to the mailing addresses designated in writingby the owners;-(o) Impose reasonable charges for the preparation and recordation of amendments to the decla-+(o) Impose reasonable charges for the preparation and recordation of amendments to the decla-ration;-(p) Provide for the indemnification of its officers and the board of directors and maintain li-+(p) Provide for the indemnification of its officers and the board of directors and maintain li-ability insurance for directors and officers;-(q) Assign its right to future income, including the right to receive common expense assess-+(q) Assign its right to future income, including the right to receive common expense assess-ments; and-(r) Exercise any other powers necessary and proper for the administration and operation of the+(r) Exercise any other powers necessary and proper for the administration and operation of theassociation.-(2) A declaration may not impose any limitation on the ability of the association to deal with-a declarant that is more restrictive than the limitations imposed on the ability of the association to+(2) A declaration may not impose any limitation on the ability of the association to deal with+a declarant that is more restrictive than the limitations imposed on the ability of the association todeal with any other person, except during the period of declarant control under ORS 94.600.-(3) A permit or authorization, or an amendment, modification, termination or other instrument-affecting a permit or authorization, issued by the board of directors that is authorized by law, the-declaration or bylaws may be recorded in the deed records of the county in which the planned-community is located. A permit or authorization, or an amendment, modification, termination or+(3) A permit or authorization, or an amendment, modification, termination or other instrument+affecting a permit or authorization, issued by the board of directors that is authorized by law, the+declaration or bylaws may be recorded in the deed records of the county in which the planned+community is located. A permit or authorization, or an amendment, modification, termination orother instrument affecting a permit or authorization, recorded under this subsection shall:-(a) Be executed by the president and secretary of the association and acknowledged in the+(a) Be executed by the president and secretary of the association and acknowledged in themanner provided for acknowledgment of instruments by the officers;-(b) Include the name of the planned community and a reference to where the declaration and+(b) Include the name of the planned community and a reference to where the declaration andany applicable supplemental declarations are recorded;-(c) Identify, by the designations stated or referenced in the declaration or applicable supple-+(c) Identify, by the designations stated or referenced in the declaration or applicable supple-mental declaration, all affected lots and common property; and-(d) Include other information and signatures if required by law, the declaration, bylaws or the+(d) Include other information and signatures if required by law, the declaration, bylaws or theboard of directors.-(4)(a) Subject to paragraph (f) of this subsection, before initiating litigation or an administrative-proceeding in which the association and an owner have an adversarial relationship, the party that-Enrolled Senate Bill 1551 (SB 1551-A) Page 4-intends to initiate litigation or an administrative proceeding shall offer to use any dispute resolution-program available within the county in which the planned community is located that is in substan--tial compliance with the standards and guidelines adopted under ORS 36.175. The written offer must-be hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in+(4)(a) Subject to paragraph (f) of this subsection, before initiating litigation or an administrative+proceeding in which the association and an owner have an adversarial relationship, the party that+intends to initiate litigation or an administrative proceeding shall offer to use any dispute resolution+program available within the county in which the planned community is located that is in substan-+tial compliance with the standards and guidelines adopted under ORS 36.175. The written offer must+be hand-delivered or mailed by certified mail, return receipt requested, to the address, contained inthe records of the association, for the other party.-(b) If the party receiving the offer does not accept the offer within 10 days after receipt by-written notice hand-delivered or mailed by certified mail, return receipt requested, to the address,-contained in the records of the association, for the other party, the initiating party may commence-the litigation or the administrative proceeding. The notice of acceptance of the offer to participate-in the program must contain the name, address and telephone number of the body administering the+(b) If the party receiving the offer does not accept the offer within 10 days after receipt by+written notice hand-delivered or mailed by certified mail, return receipt requested, to the address,+contained in the records of the association, for the other party, the initiating party may commence+the litigation or the administrative proceeding. The notice of acceptance of the offer to participate+in the program must contain the name, address and telephone number of the body administering thedispute resolution program.-(c) If a qualified dispute resolution program exists within the county in which the planned-community is located and an offer to use the program is not made as required under paragraph (a)-of this subsection, litigation or an administrative proceeding may be stayed for 30 days upon a mo--tion of the noninitiating party. If the litigation or administrative action is stayed under this para-+(c) If a qualified dispute resolution program exists within the county in which the planned+community is located and an offer to use the program is not made as required under paragraph (a)+of this subsection, litigation or an administrative proceeding may be stayed for 30 days upon a mo-+tion of the noninitiating party. If the litigation or administrative action is stayed under this para-graph, both parties shall participate in the dispute resolution process.-(d) Unless a stay has been granted under paragraph (c) of this subsection, if the dispute resol--ution process is not completed within 30 days after receipt of the initial offer, the initiating party-may commence litigation or an administrative proceeding without regard to whether the dispute+[5]+A-Eng. SB 1551+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+(d) Unless a stay has been granted under paragraph (c) of this subsection, if the dispute resol-+ution process is not completed within 30 days after receipt of the initial offer, the initiating party+may commence litigation or an administrative proceeding without regard to whether the disputeresolution is completed.-(e) Once made, the decision of the court or administrative body arising from litigation or an-administrative proceeding may not be set aside on the grounds that an offer to use a dispute resol-+(e) Once made, the decision of the court or administrative body arising from litigation or an+administrative proceeding may not be set aside on the grounds that an offer to use a dispute resol-ution program was not made.-(f) The requirements of this subsection do not apply to circumstances in which irreparable harm-to a party will occur due to delay or to litigation or an administrative proceeding initiated to collect+(f) The requirements of this subsection do not apply to circumstances in which irreparable harm+to a party will occur due to delay or to litigation or an administrative proceeding initiated to collectassessments, other than assessments attributable to fines.SECTION 8.-Sections 2 and 4 of this 2026 Act apply to recorded documents and governing+Sections 2 and 4 of this 2026 Act apply to recorded documents and governingdocuments executed before, on or after the effective date of this 2026 Act.-SECTION 9. This 2026 Act takes effect on the 91st day after the date on which the 2026+SECTION 9. This 2026 Act takes effect on the 91st day after the date on which the 2026regular session of the Eighty-third Legislative Assembly adjourns sine die.-Enrolled Senate Bill 1551 (SB 1551-A) Page 5-Passed by Senate February 19, 2026-..................................................................................-Obadiah Rutledge, Secretary of Senate-..................................................................................-Rob Wagner, President of Senate-Passed by House March 2, 2026-..................................................................................-Julie Fahey, Speaker of House-Received by Governor:-........................M.,........................................................., 2026-Approved:-........................M.,........................................................., 2026-..................................................................................-Tina Kotek, Governor-Filed in Office of Secretary of State:-........................M.,........................................................., 2026-..................................................................................-Tobias Read, Secretary of State-Enrolled Senate Bill 1551 (SB 1551-A) Page 6+[6]
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