Oregon homeowners can use fire-safe materials despite property rules

Recorded property rules cannot prohibit using or maintaining fire-hardened materials or removing materials that are not fire-hardened. This applies to provisions in recorded documents, including declarations, that affect residential property. Fire-hardened materials must meet at least one of the listed standards, using the versions most recently adopted as of June 5, 2026. These rules apply to recorded documents made before, on, or after June 5, 2026.

Planned community rules cannot block specified fire safety work or impose certain limits on fire-hardened materials. This applies to planned community governing documents and applications to install fire-hardened materials or remove materials that are not fire-hardened. Rules cannot prohibit both removing materials that are not fire-hardened and replacing them with fire-hardened materials. They also cannot effectively prohibit all fire-hardened materials or require substantially more costly materials in a way that practically prevents their use or unreasonably burdens the owner. An application is approved unless the association delivers a written denial or request for changes within 90 days. Its explanation must give reasonable detail about the reasons and needed changes, and cannot be arbitrary or capricious. These rules apply to governing documents made before, on, or after June 5, 2026.