Legal Question in Consumer Law in Virginia

Re: Is giving out Avon books considered solicitation?

As long as you enter the subdivision with the sole purpose of visiting specific customers who live there and with whom you have appointments to transact or discuss Avon business, noone should be able to hang charges of solicitation and/or trespassing around you. However, if you continue to engage in the activities you've described in your question, e.g., "leaving extra books in the paperboxes or on top of mailboxes for potential new customers", you might well find yourself charged with the aforementioned proscribed conduct. Of course, whether the P.O.A. would be able to prove these charges in a court of law is quite another matter entirely.

However, needless to say, you would be well advised to avoid giving them the opportunity.

Re: Is giving out Avon books considered solicitation?

I think that your intent in giving out the books is clearly commercial... you are hoping to sell things to people who are not CURRENTLY your customers.

The more important questions to me are (1) whether it is soliciting to have NO personal interaction with anyone, NOT to knock on anyone's door, and NOT to talk with anyone, but simply leave literature and (2) what authority does the association have? You describe it as a private subdivision. I don't know what you have in mind. If it is truly a public street, I think that most HOA's imagine that they have all sorts of authority that THEY DO NOT HAVE. I believe that you would need to comply with the CITY's laws, but I think that the HOA can say anything they want, but they are NOT a government and do not have general authority to simply assert any rules they want.

Without seeing what authority they are thinking they have, I cannot give any further comment on whether leaving literature alone (NOT as part of knocking on doors and leaving literature only when people don't answer their doors) can be "soliciting."

You are clearly NOT trespassing (even though that is an absurd issue if the streets are public) if you are visiting your own customers, who have invited you into the subdivision.

You are not a MEMBER of the HOA, and therefore not subject to its rules as a member.

Therefore, I don't know what authority they think they are asserting.

I would start by requesting that they identify what authority they are referring to so that you can review it. I don't mean to start an argument with them, but respond by saying "I understand that you believe that your association's rules might apply to someone who is not actually a member of your association. I am interested to review what rules or authorization you believe apply in this situation so that I can properly consider your views. Can you please provide me with some more information on what authority you have in mind in this situation?"

Another option would be for you to leave the literature inside the post box. Now, that could get you in trouble with the post office, but it would clearly be outside the authority of the association.