May 2020

On May 22, 2020, Governor Whitmer signed Executive Order 2020-100 and extended the ban on short-term rentals and the use of recreational facilities, originally contained in Executive Order 2020-92, until June 12, 2020. Condominium and HOA Recreational Facilities Executive Order 2020-92 bans activities in places of "public

Michiganders living in condominiums and homeowners associations have been subject to some form of a stay-at-home order since March 24, 2020 due to COVID-19. However, Governor Gretchen Whitmer has started reopening portions of Northern Michigan, and it is expected that the restrictions on recreational facilities

How are Michigan condos and HOA's impacted by Emergency Orders 2020-69 and 2020-92? This article discusses the impact of Michigan's Executive Orders on short-term rentals and recreational facilities, such as basketball courts, fitness centers, pools, gyms, spas or tennis court.

In Michigan, as in most states, the state authority has significantly limited access to public places, stores, restaurants, movie theaters, offices, and other businesses through the issuance of executive orders prohibiting such access. For businesses whose viability depends on the public’s ability to access that business’ physical location, the issuance of such orders has resulted in a loss of use of the property and a severe interruption in business. For some, their insurance policies may appear to insure against loss of use of the insured property when a civil authority prohibits the insured from using the insured property, such as through issuance of an executive prohibiting such access, or there is damage to the property resulting in its loss of use. While it may seem as though the business climate created by the Coronavirus (COVID-19) is unique to our generation, this is not the first time a Governor’s executive order has impacted businesses in Michigan and there are several cases from the Michigan Court of Appeals which can provide guidance.

In Michigan, as in most states, the state authority has significantly limited access to public places, stores, restaurants, movie theaters, offices, and other businesses through the issuance of executive orders prohibiting such access. For businesses whose viability depends on the public’s ability to access that business’ physical location, the issuance of such orders has resulted in a loss of use of the property and a severe interruption in business. For some, their insurance policies may appear to insure against loss of use of the insured property when a civil authority prohibits the insured from using the insured property, such as through issuance of an executive prohibiting such access, or there is damage to the property resulting in its loss of use. While it may seem as though the business climate created by the Coronavirus (COVID-19) is unique to our generation, this is not the first time a Governor’s executive order has impacted businesses in Michigan and there are several cases from the Michigan Court of Appeals which can provide guidance.