HBA of Southeastern Michigan

Executive Order 2020-110 Has Good News

In my opinion, a plain and simple reading of Executive Order 2020-110 provides a very positive note for both our HBA and its members:

  • This new executive order rescinds EO 2020-96, effective immediately:
    • EO 2020-96 was the last of several “Stay Home, Stay Safe” orders that also provided guidance under Stage 3 “resumption of work” directives, including residential construction and real estate – both by name with specific restrictions
    • Since EO 2020-96 no longer is in effect, any and all activities related to residential construction and real estate activities are now subject to EO 2020-110 and any other executive order(s) that may apply
    • With respect to business operations, the only other executive order that primarily applies to our members and our HBAs is EO 2020-97, which mandates COVID-19 safeguards for workplaces, employers and employees
  • EO 2020-110 also rescinds EO 2020-69, effective immediately, which applied to places of public accommodation (i.e., bars, restaurants, gyms, pools, etc.)
    • The new executive order now specifically addresses the status and use of places of public accommodation
    • Related to this, nothing is indicated in EO 2020-110 that real estate is considered a place of public accommodation – this is consistent with EO 2020-69 which also did not make such a distinction
  • EO 2020-110 DOES NOT incorporate answers to FAQs from previous “Stay Home, Stay Safe” executive orders – this is a significant change from all of the previous iterations of these orders.

So, what does this all mean?

I believe the following to be valid considerations for our HBAs and our members:

  • All construction work and related activities are permitted under EO 2020-110, subject to the COVID-19 workplace safety practices required under EO 2020-97. These practices should already be “in place” as part of the resumption of the construction industry return-to-work on May 7, 2020
  • Per paragraph 2 of EO 2020-110: Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely
  • While no longer specifically addressed as it pertains to real estate open houses, per paragraph 5 of EO 2020-110, indoor social gatherings and events among persons not part of a single household are permitted, but may not exceed 10 people. The intent of the order is clear from a public health policy. Therefore, home showings should now limit the number of people in a home at any one time to 10 or fewer people. In addition, per EO 2020-110, paragraph 4b: our builders should require visitors to wear a mask while in an enclosed public space (i.e., the model home)
  • Golf outings, picnics and other typical HBA activities are also permitted subject to the social distancing and capacity requirements set forth under EO 2020-110 (i.e., maintain, 6 feet separation, 100 or fewer people, etc.)
  • Per paragraph 8 of EO 2020-110, HBA or AAM members who are multi-family property owners or managers may now open their outdoor pools subject to the following: Unless otherwise prohibited by local regulation, public swimming pools, as defined by MCL 333.12521(d), may open as of June 8, 2020, provided that they are outdoors and limit capacity to 50% of the bather capacity limits described in Rule 325.2193 of the Michigan Administrative Code, and subject to guidance issued by the Department of Health and Human Services. Indoor fitness centers and indoor pools must still remain closed.

Michael Stoskopf, CEO