County recording office
Marion County Clerk
Rounding up the details
Oregon Planned Community Act & reserves
Oregon HOAs follow the Planned Community Act (ORS Chapter 94): reserve studies with a funding plan, declarant turnover rules, and meeting/records requirements. Underfunded reserves are the top gap.
County recording office
Marion County Clerk
Wildland-urban-interface communities face increasing mitigation expectations. Coordinate landscape standards with local fire district guidelines.
Board checklist
Municipal trash schedules, curb placement, and code enforcement pathways.
Sanitation services in Salem are franchised. Municipal code compliance handles public health issues, whereas HOAs manage covenant enforcement on private lots.
Mediation, courts, and state resources when board actions are challenged.
Oregon planned community disputes can be resolved via association procedures, mediation, or county courts. Verify small claims limits with the Marion County clerk.
Salem may regulate short-term rentals under local land use codes in addition to the Oregon Planned Community Act (ORS Chapter 94). Compare city licensing requirements with recorded CC&R rules.
Late fee estimator
Enter your typical monthly assessment to see how local caps may apply. KindHOA can automate notices and fee schedules once your board defines the rules.
Estimated legal ceiling
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Many associations cannot assess late fees until accounts are at least 30 days past due and proper notice has been sent. You entered 15 days past due.
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A volunteer board guide for Salem: understand where municipal code ends, where your HOA covenants begin, and how to comply with Oregon Planned Community Act (ORS Chapter 94).
The quick answer
Reviewed by the KindHOA Editorial Team · Last reviewed May 23, 2026
Official municipal code
Salem city ordinances
Read the published city code directly from the official online library before comparing it to your HOA covenants.
Summaries below are for board orientation. Verify requirements in the official Salem municipal code (opens in a new tab).
Salem municipal code
Salem may regulate short-term rentals under local land use codes in addition to the Oregon Planned Community Act (ORS Chapter 94). Compare city licensing requirements with recorded CC&R rules.
HOA governing documents
HOAs enforce recorded use restrictions (minimum lease terms, guest limits, parking) when consistent with applicable city licensure and state law. Covenant enforcement requires notice, cure periods, and uniform application.
Zoning & building code
Oregon law allows HOAs to regulate structural design, but fence heights and lot setbacks in Salem must also align with Marion County zoning codes.
Permit thresholds
Building permits for structural work are issued by Salem or county building officials. HOA architectural committee review does not replace county permitting.
HOA architectural control
HOAs review fences and additions through architectural committees under CC&Rs. Municipal compliance alone does not satisfy HOA design or notice requirements.
State / local protections
ORS 94.778 prohibits HOAs from banning solar energy systems, though reasonable aesthetic guidelines are permitted. Xeriscaping is also protected under Oregon water conservation laws.
What HOAs may still regulate
HOAs may adopt reasonable design rules that meet statutory tests (location, color, timeline). Associations cannot impose outright bans where state law voids them.
Southeastern humidity accelerates mold, rot, and paint failure. Set clear maintenance standards for exteriors.
Board checklist
Texas law limits unreasonable solar restrictions. Boards should publish clear, lawful ARC standards.
Board checklist
Oregon law allows HOAs to regulate structural design, but fence heights and lot setbacks in Salem must also align with Marion County zoning codes.
Sanitation services in Salem are franchised. Municipal code compliance handles public health issues, whereas HOAs manage covenant enforcement on private lots.
Building permits for structural work are issued by Salem or county building officials. HOA architectural committee review does not replace county permitting.
ORS 94.778 prohibits HOAs from banning solar energy systems, though reasonable aesthetic guidelines are permitted. Xeriscaping is also protected under Oregon water conservation laws.
Oregon planned community disputes can be resolved via association procedures, mediation, or county courts. Verify small claims limits with the Marion County clerk.
Sources
KindHOA is educational software for self-managed boards, not a law firm, and this guide is not legal advice. State statutes, local ordinances, and your community’s recorded CC&Rs control and change over time — confirm liens, amendments, and enforcement with association counsel and the official sources above.
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