Oregon HOA Resale Disclosure Calculator — 10-Day Delivery + 14-Item Content (ORS 94.665 / ORS 100.660)

Both ORS 94.665 (PCA) and ORS 100.660 (Condo Act) require the association to furnish the resale disclosure within TEN (10) CALENDAR DAYS of the unit owner's written request. The 10-day clock runs in calendar days (not business days), starts on the date of the written request, and ends on the 10th calendar day thereafter. Failure to deliver within 10 days does not invalidate the closing but creates statutory liability — the association may be liable to the buyer or seller for resulting damages, including extension costs, lost-deposit risk, and rate-lock expiration costs. Best practice for sellers is to submit the request 30-45 days before the scheduled closing date to ensure comfortable buffer; best practice for associations is to acknowledge the request immediately and schedule preparation to deliver well within the 10-day window.

The required content under ORS 94.665 (PCA) and ORS 100.660 (Condo Act) covers roughly 14 items: (1) right-of-first-refusal or other restraint on alienation; (2) monthly common-expense assessment and any unpaid balance from the seller; (3) any other fees payable by the unit owner; (4) capital expenditures anticipated for the current and succeeding fiscal years; (5) reserves for capital expenditures and any portions designated for specified projects; (6) most recent regularly prepared balance sheet and income/expense statement; (7) current operating budget; (8) unsatisfied judgments against the association and pending suits; (9) insurance coverage maintained for the benefit of unit owners; (10) any board notice given or received regarding existing uses, occupancies, alterations or improvements violating the declaration or governing documents; (11) remaining term of any leasehold estate affecting the community and renewal/extension provisions; (12) special assessments adopted or anticipated; (13) statement of any borrowing by the association and outstanding loan balances; (14) reserve-study summary including funding level and recommended contributions. Missing items expose the association to liability under the buyer-reliance provisions.

Both ORS 94.665 and ORS 100.660 permit the association to charge a REASONABLE fee for preparing the resale disclosure. Neither statute imposes a specific dollar cap. Courts interpret "reasonable" with reference to actual cost of preparation and industry norms. Typical Oregon ranges: $150-$400 for a standard disclosure prepared in the full 10-day window; $50-$100 extra for rush delivery in under 5 days; $25-$50 additional for special disclosures (mortgagee-questionnaire add-ons, FHA / VA condominium certifications). Fees exceeding $500 have been challenged as unreasonable in some Oregon trial-court decisions; associations charging at that level should document the actual cost of preparation to defend the fee. Self-managed associations sometimes charge nominal fees ($50-$100); professionally-managed associations typically charge the management company's prevailing rate, which has been rising in the Portland market as labor costs have increased.

Late delivery creates liability for the association — the association may be liable to the buyer or seller for resulting damages. The most common damages: (a) closing-extension costs (per-diem on the buyer's mortgage rate lock, additional title premium, additional homeowner insurance binding); (b) lost-deposit risk if the buyer terminates due to the delay; (c) attorney fees and costs incurred by the seller or buyer to address the delay. The late delivery does NOT invalidate the closing or the underlying sale — the seller and buyer may proceed without the disclosure and seek damages from the association separately. Practical guidance: document the delay carefully (request date, follow-up requests, association responses) to preserve the damages claim, and notify the association in writing of the damages being incurred so the association cannot claim surprise.

Under both ORS 94.665 and ORS 100.660, the unit owner may rely on the resale disclosure, and the association is BOUND by the statements in the disclosure against any subsequent claim that they were inaccurate. The practical effect: a buyer who closes on a unit with the resale disclosure in hand has a defense against any post-closing collection action by the association for pre-closing assessments not disclosed in the disclosure. If the association says in the disclosure that no special assessments are pending and then attempts to collect a pre-closing special assessment from the new owner, the buyer's defense is generally complete. The protection makes the resale disclosure the buyer's primary diligence document; buyers should NEVER waive the disclosure even on a fast-closing transaction.

The Oregon Planned Community Act (ORS 94.665) applies to planned communities — non-condominium HOAs. The Oregon Condominium Act (ORS 100.660) applies to condominiums. The substantive 10-day delivery, reasonable-fee, and buyer-reliance frameworks are identical across both statutes; citations differ. Practitioners drafting demand letters or disclosures must cite the correct chapter for the project type. Some Oregon master associations include both planned-community units (under the PCA) and condominium units (under the Condo Act); that scenario requires careful regime analysis.

Best practice is to request the disclosure 30-45 days before the scheduled contract execution or closing date. The 10-day statutory window under ORS 94.665 or ORS 100.660 is the FLOOR — requesting at exactly 10 days before contract leaves no buffer for the buyer's review, the lender's underwriting review, or any follow-up if the disclosure raises a concern. For tight-timing transactions (under 30 days from contract to closing), submit the request the day after the purchase contract is signed and pay any rush fee that accelerates delivery. For luxury or higher-priced transactions, longer lead time is universal — the buyer's attorney typically wants 14-21 days to review the disclosure against the contract contingency.

Most Oregon residential real-estate contracts include an HOA / CONDOMINIUM REVIEW CONTINGENCY that gives the buyer a specified period (typically 5-7 days from receipt of the resale disclosure) to terminate the contract without penalty if the disclosure reveals adverse information. The contingency typically lists categories of adverse information: pending litigation, special assessments, unbudgeted capital expenditures, insurance gaps, declaration violations, association borrowing. The buyer's attorney reviews the disclosure against the contingency standard and either: (a) waives the contingency and proceeds; (b) negotiates a price reduction or repair credit; (c) terminates the contract and recovers the earnest money deposit. The calculator does NOT model the contingency mechanics — those are contract-specific — but the disclosure it analyzes is the document that triggers the contingency review.

Oregon's resale disclosure under ORS 94.665 / ORS 100.660 is broader than Florida's estoppel certificate under Fla. Stat. Sec. 718.116(8) and Sec. 720.30851 in terms of required content (the Oregon 14-item list is more extensive). The Oregon delivery deadline is 10 CALENDAR days; Florida is 10 BUSINESS days for condominiums under Sec. 718.116(8) with a capped fee structure that Oregon does not have. Oregon's reasonable-fee standard is uncapped; Florida caps the fee at $299 (with limited surcharges). Oregon's buyer-reliance is structured similarly to Florida's. Practitioners moving between Oregon and Florida should not assume Oregon's calendar-day deadline applies in Florida and vice versa — the calendar-vs-business day distinction matters and the content lists differ meaningfully.

Oregon does NOT formally license community association managers at the state level, so the question of who may sign a resale disclosure is governed by the association's bylaws and the management contract rather than by state licensure law. Typical practice: the disclosure is prepared by the association's manager or management company and signed by an officer of the association (the secretary or treasurer) or by the manager as an authorized agent. Some associations have counsel review and counter-sign for consequential or commercial transactions because Oregon managers do not carry the regulatory authority that signed Florida LCAM documents carry. The buyer-reliance protection under ORS 94.665 and ORS 100.660 binds the association regardless of who signs as long as the signer had authority to act for the association.