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HBA of Southeastern Michigan

A Call to Action

Day 1 of our “21-Day Challenge” is complete. I know it was a day of confusion for many of you. I’ve heard numerous stories of local law enforcement around the state – including the Michigan State Police – instructing residential construction related workers to do one thing or another.

In general, law enforcement was pretty consistent to the extent that work being done on an owner-occupied home was allowed to proceed, whereas new construction was generally asked to stop work.

 

WHAT WE DO KNOW AS OF NOW

We do know a couple things that hopefully can guide you through Day 2, while we continue to work on getting further State clarification:

  • UNDER THE ORDER, critical infrastructure workers include workers “who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences.” To the extent your workers perform jobs that are necessary to the safety, sanitation, and operation of homes, they may be designated as critical infrastructure workers. Link: https://www.michigan.gov/coronavirus/0,9753,7-406-98178_98455-522631–,00.html
  1. Covers in-process repairs, installations and emergency repairs to an existing home
  2. Applies to in-process remodeling efforts directly related to the health and safety of the home owner (i.e., need for functioning kitchen or bathroom)
  3. Completing projects that have exposed electrical, mechanical, plumbing, etc., all of which are a safety and liability concern for the home owner and your company

 

  • NEW HOME CONSTRUCTION: The concern regarding the safety of a new home under construction (both from a liability and a general public perspective) is very much a gray area but also very much real.
  1. To the extent that work can be done to secure the home (i.e., setting windows or doors, nailing OSB over openings, securing roof trusses or wall sections, roof sheathing, etc.) to deter vandals or public access is something to be considered. (NOTE: This consideration is offered as an “informed opinion” given the vagaries of our current situation. Our opinion does not constitute a legal opinion or carry any weight with local law enforcement).
  • MISDEMEANOR FINES under this order are $500 per citation, as defined elsewhere in Michigan law. It is unclear if they could apply that fine to each individual on the job site or just to the occurrence being cited.

 

CALL TO ACTION

Yesterday evening, you should have received as an HBA of Michigan member, a Call to Action email from the state association. In short, they are asking you to:

  • Please send a polite, non-confrontational, but urgent email to all the Majority and Minority leaders in Michigan’s legislature asking that the State of Michigan quickly move to clarify what residential construction activities can take place.
  • Attach a photo(s) of any project(s) you have that are currently under construction.
  • Explain the real life consequences of leaving these jobs unfinished such as mold, lumber twisting, and turning causing structural issues, spring winds causing exposed trusses to collapse, increased soil erosion and runoff onto streets and the neighbor’s property, unsafe open holes in the home, unsupported excavations collapsing and other potential problems.
  • Talk about the financial effects of the Governor’s EO and what it does to your customers who may be paying rent on another dwelling while also paying construction loan payments.
  • Personalizing your email gives it much more impact.
  • Please send a copy of your email to lee@hbaofmichigan.com.
  • Details of their entire message, including email addresses to the legislators, can be found at: https://hbaofmichigan.com/#/covid-19-hba-information

 

OAKLAND COUNTY HEALTH ORDER

The Oakland County Health Division, under its emergency management authority, has issued an order requiring essential businesses (basically those listed as “critical infrastructure” under the Governor’s Executive Order, which includes apartment management and others) to screen employees for illness and establish social distancing protocol for customers and employees. Here is a link to the County’s information on this order:

https://www.oakgov.com/pages/news.aspx#/-coulter-health-division-extends-orders-to-protect-essential-employees-and-businesses-to-control-covid-19-outbreak

 

The order takes effect at noon today, March 25, 2020.

We are not aware of other counties issuing such an order yet.

CONCLUSION

There is strength in numbers! It is imperative that our 1,400 plus members across the southeastern Michigan come together to help carry this message to our state’s leaders.

Thank you for your continued help and support!

Michael Stoskopf, CEO