Legal Question in Real Estate Law in Florida
Solicitors
We live in a gated community in Pasco Co., FL. All property within the community (including streets) is privately owned by the Association members. There is only one gated entrance to the community. The Home Owner's Association has affixed 2 permanent, visible signs on either side of the entrance gate that read: ''Private Property, No Soliciting, No Trespassing''. We still get door-to-door solicitors in the community. They are selling everthing from magazines, religion, to lawn services. We tell them to leave the property but some claim that since they are (drummers) not collecting money that the posted signs do not apply. Pasco Co. ordinace states that 'Soliciting' includes goods and services - whether delivered now or later. The Association believes that their presence on posted private property constitutes Trespass, and any member may call police to have the trespasser removed if they are personally told to leave the community and refuse to do so.
Do you concur?
1 Answer from Attorneys
Re: Solicitors
Yes but the main issue here is possibly whether you can effectively enforce the restrictions by having the police respond in time.