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Subject: When is solicitation not considered solicitation?
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Author Messages
JimB37
(Florida)

Posts:64


03/12/2020 8:04 AM  
My search here turned up a great number of posts regarding solicitation, but I did not find something along these lines. If you are aware of a post dealing with this particular issue, please accept my apologies and point me in the right direction.

We are on private property and we have a sign posted up front "No solicitation".

For a second time in several weeks, a vendor (the same vendor) stopped my house offering their roofing services. I'm not certain where I came across this information, but is it not correct that if a vendor is cruising the neighborhood, then this activity would be cause to have them removed as they would indeed be violating our rules. However, I believe I came across a settled case where a vendor was similarly bounced, but later won a settlement because he had a customer in the neighborhood and was using the opportunity canvass the other homes.

Has anyone else heard of this or similar cases?

Any suggestions?

Thank you all in advance for your time.
JohnC46
(South Carolina)

Posts:9299


03/12/2020 9:19 AM  
I say No Solicitation means none, nada, zero. I have asked "church ladies" to leave....LOL
GeorgeS21
(Florida)

Posts:2299


03/12/2020 9:49 AM  
While I normally say, "throw the bums out," in this case I would be a BIT more gracious.

I would ask if the person was aware of the prohibition. If they answered NO, then I would inform them and insist they leave. If they answered YES, I would likely call the sheriff to see what they thought. I would follow up with a call to the company - assuming the one violating was not independent.

From a Board perspective, I would tell anyone who wanted to do so, to call the sheriff when they are solicited. Then call the company and complain.

Not a major end of world issue. Just slowly follow up.

Now, this said, two 80 yr old women from a local church call on our street about once a year - I hide in my house :-)
CathyA3
(Ohio)

Posts:827


03/12/2020 9:49 AM  
Yeah, that sounds like soliciting to me. But... is it worth the time, effort and possible expense to do something legally?

Or would it work to notify the community about possible scammers in your neighbor, how to recognize scams, and let the "neighborhood watch" crew run them off?

(Make sure you say they *may* be scammers, don't want to falsely accuse anyone. However, in most places in the country the housing market is booming, and legitimate roofing services have more work than they can handle. These guys sound more like the clowns who show up after hurricanes.)
MarkM31
(Washington)

Posts:493


03/12/2020 10:08 AM  
No means no, except it probably doesn;t apply to religion of political canvassers
JohnC46
(South Carolina)

Posts:9299


03/12/2020 10:26 AM  
Posted By MarkM31 on 03/12/2020 10:08 AM
No means no, except it probably doesn;t apply to religion of political canvassers




I say it does because they are trying to "sell" you "something".
MarkM19
(Texas)

Posts:562


03/12/2020 10:36 AM  
My Ca. HOA used to get van loads of Solicitors dropped of at our entrance and they would get picked up at the end of the day. We really tried to crack down on it and we had a Security Company that patrolled the neighborhood so we would call and complain if they were seen.

Before this when they knocked on my door I would ask them if they had permission to solicit in our HOA by the Board. They would almost always say yes they have granted us permission. I would then tell the that I was the President of our HOA and you are lying.

Now that I am in Texas and in another new Development. We get Solicitors calling all the time. I love to tell them that AOC and the Democrats say the World is going to end in 9 years so it would be a bad investment.
AugustinD


Posts:2906


03/12/2020 10:42 AM  
The net has lots on this, including the possibility that the police can be called and remove a vendor for trespassing. If this is a big enough problem, I think I would do similar to what MarkM19 proposes:

"I am the President of the HOA. You are lying. I am calling the sheriff to evict you and charge you with criminal trespassing. [starts dialing cell phone]. Get out of this HOA. Now."
SheliaH
(Indiana)

Posts:3048


03/12/2020 11:46 AM  
Considering so many people have the Ring doorbell and similar stuff, is this still a thing????? If someone comes to my door, I keep it simple - either I don't open it at all or say "I'm sorry, I don't do business with door to door salespeople" and shut the door.

We also have a no soliciting sign, but our problem in recent years has been people hanging stuff on the front doorknobs. There was a local satellite TV company and pizza place that was notorious for this until our board president had our property manager send a nastygram to the companies. A few neighbors had dogs that made it difficult to approach the door and the rest of us simply refused to answer and they'd go away when they realized no one was going to open the door.

MelissaP1
(Alabama)

Posts:9127


03/12/2020 4:19 PM  
Our city requires people now to have a license to go door to door. Even those magazine sales people have to provide a license. If they do not have one, you can call the police. They also should be aware where those vendors are.

So a sign that says "no soliciting" has no power if there are no punishments in place to follow through. Just call the police if the person doesn't take no for an answer.

Former HOA President
TimB4
(Virginia)

Posts:16700


03/13/2020 1:43 AM  
In one of the Associations I belong to, we also have a no solicitation sign.

The Sheriff told us the following:

1) Don't call the police when the vendor knocks on your door, the vendor will simply say that they didn't see the sign.
2) Answer the door, be polite and inform them that there is signage posted saying no solicitation.
3) If the vendor goes to another home after they were informed, then call the police and (if they have someone free) the police will come out.

NOTE: Typically, someone will inform the vendor, close the door and go on with their day. Unfortunately, this doesn't solve anything as the police will need a statement from the individual who informed the vendor about the signage and a statement from the resident of the next home(s) the vendor went to.
TimB4
(Virginia)

Posts:16700


03/13/2020 1:45 AM  
Forgot to add that your local police/sheriff may have a different procedure they want followed. Therefore, you should check with them.
TimM11


Posts:337


03/13/2020 10:07 AM  
This really depends on what your city/county/state legally considers to be "solicitation."

In the places I've lived, commercial activity (door-to-door sales) has been considered solicitation and thus can be restricted, but laws and ordinances often carve out exceptions for non-profits, charities, or political activities.



TimM11


Posts:337


03/13/2020 10:15 AM  
Posted By JohnC46 on 03/12/2020 10:26 AM
I say it does because they are trying to "sell" you "something".




Depends where you live. In MN, political canvassers have protected access even to gated communities and secured buildings by statute, as long as they part of a registered campaign, and denying them access is a misdemeanor.
KellyR6
(California)

Posts:9


03/21/2020 10:42 PM  
In our community in order to go door to door one must have written permission from the general manager which is highly unlikely.

Due to an increase of crime in 2019 many of us have opted for personal security cameras. We're also very active on FB and post photos, videos of trespassers or questions on who is in the neighborhood.

If someone needs a business referral, we ask. We live on a well trafficked street have no trespassing signs and two which read camera surveillance. Appears to have worked. No solicitors in the past 18 months.
LetA
(Nevada)

Posts:893


03/22/2020 8:21 AM  
First off I would get their information, a buck slip or some other advertising material that they are hawking. If you have a property manager, inform your property manager with the times and dates of the visit. Your PM should send the company a letter that the property they are visiting they are breaking the law by trespassing and soliciting. You yourself can send them the same letter as well..


Luckily here in Nevada we have a trespass ordnance. Offenders are read a Miranda like trespass warning citation. That citation is filed with Metro police, and if the offender comes back on your property they are arrested and charged with criminal trespassing.
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