In 2021, the Oregon legislature enacted House Bill 2534-A (“HB 2434-A”), which prohibits discrimination based on “race, color, religion, sex, sexual orientation, national origin, marital status, familial status or source of income” with respect to housing and applies to recorded instruments governing residential communities, namely an association’s declaration and bylaws. HB 2434 also provides that any provision in an instrument executed in violation of the above section is void and unenforceable.

The legislature expanded on the definition of discrimination to include “number of individuals, including family members, person of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits.”

If you are a planned community, homeowners association, or condominium association that contains residential units or lots, House Bill 2534-A impacts your community. The prohibition against discrimination under HB 2434-A applies retroactively to currently existing governing documents rather than only those governing documents created after the Bill was enacted.

HB 2534 requires every planned community, homeowners association, or condominium association to take certain actions. On or before December 31, 2022, homeowners associations, condominium associations, and planned communities are required to review their governing documents and do one of the following:

1) Amend and restate your governing documents in order to remove any discriminatory language that restricts the use of the community, lots, or units based on race, color, religion, sex, sexual orientation, national origin, marital status, familial status or source of income.

2) Record a declaration attesting to the fact that your governing documents do not contain any prohibited provisions.

Please contact our firm at info@barkermartin if you would like us to review your governing documents and draft a nondiscrimination declaration form for a flat fee.