(1) A provision of a condominium’s governing document or landscaping or architectural guidelines that imposes irrigation requirements on a unit owner or the association is void and unenforceable while any of the following is in effect:

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(a) A declaration by the Governor that a severe, continuing drought exists or is likely to occur in a political subdivision within which the condominium is located;

(b) A finding by the Water Resources Commission that a severe, continuing drought exists or is likely to occur in a political subdivision within which the condominium is located;

(c) An ordinance adopted by the governing body of a political subdivision within which the condominium is located that requires conservation or curtailment of water use; or

(d) A rule adopted by the association under subsection (2) of this section to reduce or eliminate irrigation water use.

(2) Notwithstanding any provision of a condominium’s governing document or landscaping or architectural guidelines imposing irrigation requirements on a unit owner or the association, an association may adopt rules that:

(a) Require the reduction or elimination of irrigation on any portion of the condominium.

(b) Permit or require the replacement of turf or other landscape vegetation with xeriscape on any portion of the condominium.

(c) Require prior review and approval by the association or its designee of any plans by a unit owner or the association to replace turf or other landscape vegetation with xeriscape.

(d) Require the use of best practices and industry standards to reduce the landscaped areas and minimize irrigation of existing landscaped general common elements where turf is necessary for the function of the general common elements.

(3) Except as provided in subsections (4) and (5) of this section, if adopted after January 1, 2018, the following provisions of a condominium’s governing document are void and unenforceable:

(a) A provision that prohibits or restricts the use of the unit owner’s condominium unit or any limited common element designated for exclusive use by the occupants of the unit as the premises of an exempt family child care provider participating in the subsidy program under ORS § 329A.500; or

(b) If the condominium unit does not share a wall, floor or ceiling surface in common with another unit, a provision that prohibits or restricts the use of the unit owner’s condominium unit or any limited common element designated for exclusive use by the occupants of the unit as a certified or registered family child care home pursuant to ORS § 329A.250 to 329A.450.

(4) Subsection (3) of this section does not prohibit an association of unit owners from adopting or enforcing a provision of the condominium’s governing document that regulates parking, noise, odors, nuisance, use of common elements or activities that impact the cost of insurance policies held by the condominium, provided the provision:

(a) Is reasonable; and

(b) Does not have the effect of prohibiting or restricting the use of a unit as the premises of an exempt family child care provider participating in the subsidy program under ORS § 329A.500 or as a certified or registered family child care home pursuant to ORS § 329A.250 to 329A.450.

(5)(a) Subsection (3) of this section does not apply to condominiums that provide housing for older persons.

(b) As used in this subsection, ‘housing for older persons’ has the meaning given that term in ORS § 659A.421.

(6) A provision in a condominium’s governing document that restricts or prohibits the installation or use of a portable cooling device, as defined in ORS § 90.355 (1), is void and unenforceable, unless:

(a) The installation or use of the device would:

(A) Violate building codes or state or federal law;

(B) Violate the device manufacture’s written safety guidelines for the device;

(C) Interfere with the common elements of the condominium; or

(D) Require amperage to power the device that cannot be accommodated by the power service to the building, unit or circuit;

(b) The device would be installed in a window and:

(A) The window is a necessary egress from the unit;

(B) The device would interfere with the unit owner’s ability to lock a window that is accessible from outside;

(C) Requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages;

(D) The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or

(E) The restrictions require that the device be installed in a manner that prevents risk of falling; or

(c) The restrictions are only to require that the device be:

(A) Installed by building maintenance or a licensed contractor; or

(B) Removed from October 1 through April 30. [2017 c.423 § 3; 2017 c.423 § 3b; 2022 c.86 § 4]

Section 6 (3), chapter 86, Oregon Laws 2022, provides:

(3) The amendments to ORS § 100.023 by section 4 of this 2022 Act apply to provisions in a condominium’s governing document adopted before, on or after the effective date of this 2022 Act [March 23, 2022]. [2022 c.86 § 6(3)]

100.023 was added to and made a part of ORS Chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.