Elective Remodels Proceeding in Dallas, Guidance on Sales Offices and Model Homes
By Phil Crone, Executive Officer
Thanks to the Dallas BA’s advocacy and Governor Abbott’s most recent Executive Order, projects deemed elective additions and maintenance are now proceeding in Dallas county municipalities. They were prohibited by Dallas County in actions taken in March that predated the Governor’s order. His order clearly overrides local regulations, such as the Dallas County’s elective addition and maintenance ban, that restrict access to essential services such as housing and real estate. The memo, linked here, explains how the City of Dallas will go about issuing these permits.
The Association has received reports that some local officials are attempting to restrict access to builders’ sales offices. The Governor’s order suspends specific provisions of Chapter 418 of the Texas Government Code that render such regulations unenforceable.
The order clearly defines two distinct tiers of services and activities; those that are essential and those that are reopened. This distinction is very important.
Housing and real estate operations are considered essential services and activities. This includes sales centers, which fall into the same tier as gas stations and grocery stores. Access to these locations cannot be restricted.
Placing a lock on or otherwise restricting the public from sales centers, gas stations, grocery stores and other essential businesses is, by its very nature, an access restriction. Therefore, any local requirement in that regard is clearly invalid.
Movie theaters, restaurants and retailers are in the “reopened” tier. They have specific requirements with regards to capacity and distancing/sanitization procedures.
The following excerpt from the order also applies to essential businesses.
In providing or obtaining essential services or reopened services, people and businesses should follow the minimum standard health protocols recommended by DSHS, found at www.dshs.texas.gov/coronavirus, and should implement social distancing, work from home if possible, and practice good hygiene, environmental cleanliness, and sanitation.
Note that DSHS guidelines and the order itself ask employers to maintain social distancing. It does not limit the size of gatherings in any particular location.
The Dallas BA has worked very hard to ensure that housing and real estate operations are considered essential services. We have succeeded, in part, on the premise and proof that our members will create, enforce and implement procedures to combat the spread of COVID-19. The sustainability of this privilege now depends on each and every one of you!
The Dallas BA strongly recommends that members restrict traffic in model homes to only those essential to the transaction. Traffic should also be limited in a manner that does not compromise sanitization protocols. “Come one, come all” advertising without mention or enforcement of these necessary measures is not advisable.
The Association also advises members to seek counsel from a licensed Texas attorney to review specific operating procedures for jobsites, sales centers, model homes and offices to ensure they adequately attend to the needs necessitated by the ongoing health crisis. Please also reference the applicable checklists located at https://gov.texas.gov/organization/opentexas. These provide protocols for all businesses and customers.
In the coming days, the Dallas BA will provide a guidance document containing this information and best practices for job sites and employees.