“Opening Up” Condominiums and Subdivisions Under Michigan’s Executive Order 2020-110 (COVID-19)

On June 1, 2020, Governor Whitmer issued Executive Order 2020-110 (COVID-19). The full text of EO 2020-110 (COVID-19) can be found here: https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-530620–,00.html

In accordance with her phased plan to reopen the state, she eased some, but not all the restrictions. What does that mean for condominiums and subdivisions and the associations that govern them?

Common Corridors

Under EO 2020-110 (COVID-19), anyone that leaves his or her home or place of residence must still follow the CDC’s social distancing guidelines (remaining 6 feet from any person that does not reside with you) and if you’re in an enclosed public space, you need to cover your nose or mouth (homemade mask, scarf, bandana, or handkerchief). That means that residents in attached condominiums should abide by these requirements when they leave their individual units if they share common area corridors.

Pools

Under EO 2020-110 (COVID-19), on June 8, 2020, public outdoor swimming pools may open, but they may only do so at 50% capacity. Condominium and subdivision pools are considered public pools under MCL 333.12521(d).[1] If your association choses to open its outdoor pool, it would be wise to hire an attendant to monitor the capacity during its open hours. At a minimum, the association should change its signage to alert the residents of the new capacity limits. Social distancing still must be maintained.

The opening of indoor pools is still prohibited under EO 2020-110 (COVID-19).

Clubhouses and Fitness Centers/Gyms

Under EO 2020-110 (COVID-19), “indoor gymnasiums, fitness centers, recreation centers, sports facilities, exercise facilities, exercise studios, and the like” must remain closed. In my opinion, clubhouses fall into this category.

Board Meetings

If you have a condominium or HOA board that consists of 10 people or less, you can now hold your meetings in person. If you do so indoors, social distancing should be maintained. If you hold the meeting in a public place, you must also wear a mask. If you hold the meeting in someone’s home, you are not required to wear a mask, but its still probably a good idea, especially if you cannot stay 6 feet apart. If you hold your meeting outside, social distancing should be maintained.

Annual Meetings

Depending on the size of your association, you may not yet be able to have an in-person annual meeting. As stated above, indoor gatherings are still limited to 10 people or less. You may hold an outdoor meeting if you limit the attendance to 100 people. Also, even if you hold the meeting outside, people that are not part of the same household must maintain six feet of distance from one another. If you are going to hold an outdoor annual meeting, it would be wise to place markers six feet apart to delineate where your members can stand or sit during the meeting.

It is important that your community abide by these restrictions as a willful violation of the executive order is a misdemeanor. In addition, your community may decide not to open any of the shared facilities for other reasons, such as a fear of liability arising out of COVID-19. The requirements and restrictions are changing all the time when in comes to COVID-19. There is much more that goes into opening up community facilities than can be addressed in this blog. Our attorneys are keeping up with them as they are issued so that we may effectively advise our clients. If you or your association have questions about what you should be doing in light of EO 2020-110 (COVID-19) or any subsequent Executive Orders, please reach out to us by calling us at (248) 349-6203 or by sending us a message through our website.

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[1] http://legislature.mi.gov/doc.aspx?mcl-333-12521