[deborahwelliott]

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Can an HOA prohibit owner use of studded tires on a private drive? I can’t find any references to this in the State of Oregon rules for HOAs.

[grrtfrmn]

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It will depend on your HOA’s rules. Check your governing documents, particularly your CC&Rs, bylaws, and operating rules and regulations. These documents should tell you whether or not your HOA permits or prohibits studded tires. If these documents are silent, then the HOA can’t arbitrarily enforce a rule that prohibits you from using studded tires.

[deborahwelliott]

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The governing documents are silent on the issue of studded tires, which is not surprising. The Board does have the power to “adopt, modify, or revoke such rules and regulations governing the conduct of persons and the operation and use of the lots and the common areas as the Board may deem necessary or appropriate…” That is not my question. The State of Oregon does allow the use of studded tires on PUBLIC roads from November 1 to March 31. My question is whether an HOA can prohibit owners from using studded tires on our PRIVATE drive or does Oregon HOA law prohibit HOAs from enforcing that restriction. Only someone familiar with Oregon HOA law would be able to answer that.

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