HB 2409 was introduced in the 2021 legislative session. It prohibits HOAs from requiring application of pesticides on an owner’s property except as necessary for ecological or public health. “Pesticide” is defined under ORS 634.006.
Generally, the HOA may not require an owner to apply a pesticide and must allow any owner to exclude the owner’s property from the landscaping activities of the association that include application of a pesticide. The exception is if a “pest management practice” is necessary to manage or prevent a pest issue that “could harm ecological or public health.”
It was signed by the Governor and takes effect January 1, 2022. It’s a good thing for pro-pollinator people who want to have wildlife-friendly lawns. Here is a link to the bill.
Additionally, ecologically-minded HOAs are putting language into their landscape maintenance contracts that mandate the use of non-toxic alternatives, such as the following clause:
[CONTRACTOR NAME] agrees to only use non-toxic alternatives to typical toxic herbicides like those found in the Products Compatible With Organic Landscape Management document, published by beyondpesticides.org
