💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

KarlM1 (Colorado)
Posts: 2
Posted:
Can I put up fliers on the property requesting homeowners contact me if they also have water in their basements?
WalterM3 (Georgia)
Posts: 442
Posted:
That shouldn't be a problem.

Don't you get Chinese menus on your door?

The Supreme Court ruled a hundred years ago that you cannot stop people simply from knocking on doors. That case involved the Jehovah's Witnesses. Some municipalities tried to ban knocking on doors altogether. No can do, said the Court.

Walt
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You can NOT put anything in a mailbox without a stamp on it. It's a federal offense if you do. Otherwise, you can ask the HOA board if it is okay to post this information publicly. If you don't get permission, then you can expect your fliers to be discarded. Nothing is stopping you from mailing notices if you want. The address is on the door or street....

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Is your HOA detached homes?? Or condos? Or in a gated community?

What do you mean by put fliers "on the property"? Whereabouts on the property? On a common area bulletin board? Nailed to trees? Where?

Sicne you didn't say mailboxes, It's pretty clear that you don't mean mailboxes---or car windshields, right?
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By WalterM3 on 05/20/2015 1:27 PM
That shouldn't be a problem.

Don't you get Chinese menus on your door?

The Supreme Court ruled a hundred years ago that you cannot stop people simply from knocking on doors. That case involved the Jehovah's Witnesses. Some municipalities tried to ban knocking on doors altogether. No can do, said the Court.


If it's a no soliciting neighborhood, chinese menus in doors would be in violation.

The JW cases were about religious speech, not soliciting.

You're in the wrong pew Walter.

Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By NpS on 05/20/2015 3:23 PM

If it's a no soliciting neighborhood, chinese menus in doors would be in violation.

Violation of what??

Violation of a rule that is enforced on a third party how?

Would you really want the Association to take the local Chinese carry out to court to have them stop advertising with flyers in your neighborhood?

TimB4 (Tennessee)
Posts: 21,059
Posted:
Karl,

Personally, I'd simply knock on the doors and ask rather then put out a flier.

You may meet a new friend, you will be able to meet your neighbors and explain your issue.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By TimB4 on 05/20/2015 3:37 PM
Posted By NpS on 05/20/2015 3:23 PM

If it's a no soliciting neighborhood, chinese menus in doors would be in violation.


Violation of what??

Violation of a rule that is enforced on a third party how?

Would you really want the Association to take the local Chinese carry out to court to have them stop advertising with flyers in your neighborhood?


In my area, local government supports "no soliciting" neighborhoods. Failure to have a permit is a fineable offense. Soliciting in a "no soliciting" neighborhood can result in revocation of permit.

Sikubali jukumu. Read all posts at your own risk.
WalterM3 (Georgia)
Posts: 442
Posted:
Quote:
Posted By NpS on 05/20/2015 3:23 PM
Posted By WalterM3 on 05/20/2015 1:27 PM
That shouldn't be a problem.

Don't you get Chinese menus on your door?

The Supreme Court ruled a hundred years ago that you cannot stop people simply from knocking on doors. That case involved the Jehovah's Witnesses. Some municipalities tried to ban knocking on doors altogether. No can do, said the Court.


If it's a no soliciting neighborhood, chinese menus in doors would be in violation.

The JW cases were about religious speech, not soliciting.

You're in the wrong pew Walter.

As usual you are wrong. "No Solicitation" neighborhoods cannot stand in court.

"In a more recent case, Jehovah's Witnesses refused to get government permits to preach door-to-door in Stratton, Ohio. In 2002, the case was heard in the U.S. Supreme Court (Watchtower Society v. Village of Stratton — 536 U.S. 150 (2002)). The Court ruled in favor of Jehovah's Witnesses, holding that making it a misdemeanor (to engage in door-to-door advocacy without first registering with the mayor and receiving a permit) violates the first Amendment as it applies to religious proselytizing, anonymous political speech, and the distribution of handbills."

http://en.wikipedia.org/wiki/Supreme_Court_cases_involving_Jehovah%27s_Witnesses_by_country

Walt
PitA
Posts: 311
Posted:
said case involves PUBLIC streets

in a 'private enclave' trespassing comes into play as the usual language is:

Private Property
Residents and Their Invited Guests Only

IMO: an invited 'witness' may only travel to and from the inviter - not 'roam the private streets'

see the 'right of use' section in your covenants
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By WalterM3 on 05/21/2015 8:05 AM
Posted By NpS on 05/20/2015 3:23 PM
Posted By WalterM3 on 05/20/2015 1:27 PM
That shouldn't be a problem.

Don't you get Chinese menus on your door?

The Supreme Court ruled a hundred years ago that you cannot stop people simply from knocking on doors. That case involved the Jehovah's Witnesses. Some municipalities tried to ban knocking on doors altogether. No can do, said the Court.


If it's a no soliciting neighborhood, chinese menus in doors would be in violation.

The JW cases were about religious speech, not soliciting.

You're in the wrong pew Walter.


As usual you are wrong. "No Solicitation" neighborhoods cannot stand in court.

"In a more recent case, Jehovah's Witnesses refused to get government permits to preach door-to-door in Stratton, Ohio. In 2002, the case was heard in the U.S. Supreme Court (Watchtower Society v. Village of Stratton — 536 U.S. 150 (2002)). The Court ruled in favor of Jehovah's Witnesses, holding that making it a misdemeanor (to engage in door-to-door advocacy without first registering with the mayor and receiving a permit) violates the first Amendment as it applies to religious proselytizing, anonymous political speech, and the distribution of handbills."


Seems like you aren't actually reading my posts Walter.

1. There was a question raised about chinese menus left at the door. I said that soliciting (what the chinese menus do) is different than religious speech (what the JWs do). You say I am wrong because the Court ruled in favor of the JWs. But I wasn't talking about the JWs. The fact that JWs don't need a permit doesn't mean that the people with the chinese menus don't need one.

2. I also said that our local government enforces the no soliciting ban in our neighborhood by fining and canceling permits. You say that it's the courts that need to be involved. Not so. If someone wants to challenge our local government's enforcement of no soliciting, they can sue our local government. And based on the Watchtower case, which clearly states that the ruling would not apply to activities of a commercial nature, they would lose that lawsuit.

3. An HOA has standing in a lawsuit. Have no idea what you mean about neighborhoods not having standing.

Sikubali jukumu. Read all posts at your own risk.
ChristineL1 (South Carolina)
Posts: 9
Posted:
Our members are entitled to a list of all homeowners in the association, with name and address. We've given it out a couple of times in the past few years. One guy used it to hand address and deliver (slipped under doormats) invitations to an open house to show off his new expensive HardiePlank (the rest of the homes here have vinyl siding). Another is using it to send info to all homeowners about a potential class action lawsuit about melted vinyl siding. We drew the line at using the emails we have on file to send things to homeowners for these homeowner-initiated requests.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By NpS on 05/21/2015 12:29 PM
Seems like you aren't actually reading my posts Walter.

1. There was a question raised about chinese menus left at the door. I said that soliciting (what the chinese menus do) is different than religious speech (what the JWs do). You say I am wrong because the Court ruled in favor of the JWs. But I wasn't talking about the JWs. The fact that JWs don't need a permit doesn't mean that the people with the chinese menus don't need one.

2. I also said that our local government enforces the no soliciting ban in our neighborhood by fining and canceling permits. You say that it's the courts that need to be involved. Not so. If someone wants to challenge our local government's enforcement of no soliciting, they can sue our local government. And based on the Watchtower case, which clearly states that the ruling would not apply to activities of a commercial nature, they would lose that lawsuit.

3. An HOA has standing in a lawsuit. Have no idea what you mean about neighborhoods not having standing.


Whether hanging a Chinese menu on a doorknob is soliciting will depend on the wording of the soliciting ordinance. I seem to recall that some states hold that soliciting consists of offering a product for sale on the spot. If that is even remotely true, then hanging a Chinese menu on a door would not be soliciting. I get them on my door all the time and I do not know why - I cannot read a word of Chinese.

In an ungated community, anyone can walk in and knock on doors. Even in a condo, the association has no power to regulate who may knock on someone's door. And just what could an association do to a non-member who knocks on doors? You cannot fine him since he is not a member and if his actions are not unlawful the police cannot haul him away. The homeowner could put up a sign on his door asking that no one knock but that itself would violate most restrictions against signs. Live with it.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By LarryB13 on 05/26/2015 5:24 AM
In an ungated community, anyone can walk in and knock on doors. Even in a condo, the association has no power to regulate who may knock on someone's door. And just what could an association do to a non-member who knocks on doors? You cannot fine him since he is not a member and if his actions are not unlawful the police cannot haul him away. The homeowner could put up a sign on his door asking that no one knock but that itself would violate most restrictions against signs. Live with it.

You would be correct if there is no public enforcement.

But in my township, people who work for a commercial enterprise cannot go door to door without a solicitor's permit. The permit includes a picture of the person and must be visible. Some people, even when they have a permit, keep it in their pocket - which isn't allowed.

If enough people complain to the township, the township will revoke a permit and/or fine the company.

In our case, our HOA is on the township's do not solicit list - that list is provided to anyone who obtains a permit. We don't need to be in a gated community. If our community is on the list, a permit holder is not supposed to come knocking.

One of the worst offenders is one of the local cable companies. A driver drops off some twenty-something kids who canvas the neighborhood in pairs. While they are usually polite, they can be very aggressive with their sales tactics. Very slick. Very unwanted.

Sikubali jukumu. Read all posts at your own risk.
BobD4 (up north)
Posts: 1,002
Posted:
Multistorey condo rules might be difficult to uphold if they try to bar knocking on multi-storey unit frontdoors by political candidates or other owners. These seem to be legit civil & property rights.

But likely a different scenario for huckstering or parcel deliveries in multi-storey condos. Recently a cold case suspect was arrested here for a shocking 2007 triple murder of a retired Federal Taxcourt judge & friends; the suspect's most recent Fake Delivery / "I'm with the City" ploy was now caught by high-definition cameras.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By NpS on 05/26/2015 5:47 AM

One of the worst offenders is one of the local cable companies. A driver drops off some twenty-something kids who canvas the neighborhood in pairs. While they are usually polite, they can be very aggressive with their sales tactics. Very slick. Very unwanted.

And apparently unprosecuted by those ever-vigilant township cops.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By LarryB13 on 05/26/2015 6:35 AM
Posted By NpS on 05/26/2015 5:47 AM

One of the worst offenders is one of the local cable companies. A driver drops off some twenty-something kids who canvas the neighborhood in pairs. While they are usually polite, they can be very aggressive with their sales tactics. Very slick. Very unwanted.

And apparently unprosecuted by those ever-vigilant township cops.

You're right. By the time the cops are called, they're usually here and gone.

Sikubali jukumu. Read all posts at your own risk.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By NpS on 05/26/2015 7:21 AM
Posted By LarryB13 on 05/26/2015 6:35 AM
Posted By NpS on 05/26/2015 5:47 AM

One of the worst offenders is one of the local cable companies. A driver drops off some twenty-something kids who canvas the neighborhood in pairs. While they are usually polite, they can be very aggressive with their sales tactics. Very slick. Very unwanted.

And apparently unprosecuted by those ever-vigilant township cops.

You're right. By the time the cops are called, they're usually here and gone.

Sounds like you need a donut shop inside your complex.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here