Invalidates deed restrictions and planned community governing documents prohibiting the replacement of nonfire-hardened building materials or installation of fire-hardened building materials on residential properties.
SB 1551 limits the ability of recorded deed restrictions and planned community governing documents to block wildfire-resilient home upgrades on residential property. The bill defines “fire-hardened building materials” by reference to recognized wildfire construction standards, including the International Wildland-Urban Interface Code, NFPA 1140, and Insurance Institute for Business and Home Safety wildfire-prepared home criteria. It then makes void and unenforceable any recorded provision or HOA/planned community rule that prohibits installing, using, or maintaining those materials, or that prohibits removing non-fire-hardened materials such as fences and other structures in order to make the property more fire-resistant.
The bill also amends Oregon’s planned community statutes to ensure homeowners associations cannot use design or appearance rules to effectively ban fire-hardened materials or require materials so expensive that they create a practical barrier to wildfire hardening. If an owner applies to make these changes, the application is deemed approved unless the association issues a timely written denial or modification request within 90 days, with a detailed, non-arbitrary explanation. The bill applies to recorded documents and governing documents executed before, on, or after the effective date, and it takes effect 91 days after adjournment of the 2026 regular session.
In practical terms, SB 1551 changes Oregon property and HOA law by overriding conflicting private covenants in residential settings, especially in planned communities governed by ORS chapter 94 and related recorded declarations. It gives homeowners stronger statutory rights to retrofit homes and surrounding structures with wildfire-resistant materials, while preserving association authority over reasonable review and administration so long as that authority does not function as a prohibition or unreasonable burden. The bill also preserves existing dispute-resolution procedures for HOA-owner conflicts, including a requirement to offer county dispute resolution before litigation in many cases.
The overall sentiment reflected in the voting history was strongly supportive and noncontroversial: the Senate committee advanced the bill unanimously, the full Senate passed it 28-0, the House committee passed it unanimously, and the full House passed it 41-0. No committee transcript objections are available in the provided record, and the unanimous votes suggest broad bipartisan agreement on the need to remove barriers to wildfire mitigation and home hardening.
The main point of contention implied by the bill’s structure is the balance between homeowner wildfire-safety improvements and HOA or deed-restriction control over aesthetics, uniformity, and architectural standards. The bill specifically addresses concerns that associations could use design rules, cost requirements, or approval delays to prevent or discourage fire-hardening measures. No recorded opposition appears in the available materials, but the statutory changes indicate the Legislature anticipated resistance from associations or property regimes that prefer to retain tighter control over exterior modifications.
SB 1551 amends Oregon property and planned community law by creating new statutory protections for wildfire-resistant residential construction and by invalidating conflicting private restrictions in recorded documents and HOA governing documents. It adds new provisions to ORS chapter 93 and amends ORS 94.572, 94.573, and 94.630 to limit homeowners associations’ ability to prohibit or effectively burden the installation, maintenance, or replacement of fire-hardened building materials on residential property. The bill applies broadly to existing and future recorded covenants, declarations, bylaws, and similar governing documents.
The bill appears to have had very strong support and little visible opposition. It passed the Senate committee 5-0, the full Senate 28-0, the House committee 10-0, and the full House 41-0. The unanimous votes indicate broad agreement that homeowners should be able to make wildfire-hardening improvements without being blocked by deed restrictions or HOA rules.
The central policy tension is between wildfire safety and private land-use control in planned communities. Supporters appear to favor giving homeowners the right to replace combustible or non-fire-hardened materials with safer alternatives, while the bill’s restrictions on HOA design standards suggest concern that associations could use aesthetic or cost-based rules to frustrate those upgrades. No formal opposition is shown in the provided record, but the legislation directly limits association discretion and could be contentious in communities that prioritize architectural uniformity or stricter covenant enforcement.