I have a question

[Talk Host]

Every month, the Property Owners Association throws a small newsletter that has been stuffed in a pastic bag onto virtually every driveway in The Villages. This is nothing that I subscribe to, am a member of, or even want.

Here's the question. Could I print a newsletter about Talk of The Villages, stuff them in a plastic bag and toss them into driveways around the Villages?

[swrinfla]

Now that's an interesting question!
I'd be willing to bet that some "powers that be" would say, "Absolutely not!"
And, I must admit I'd be totally against it, because then any body could do the same (like all those guys who want to give us free lunch at 1030 in the morning or dinner at 430 in the afternoon for listening to their spiel for investment guidance, or whatever!).
Frankly, I object even to the POA Newsletter (it is the most negative piece of diatribe!) - and not just because of that opinion! It's just a threat to the ambience of TV!

[zcaveman]

Personally I like to read about the other side of the VHA. I used to pick it up the POA at Publix before they started delivering it. The POA is a Village organization that wants the Villagers to stand up to the Morse ruling faction. We also used to get the Reporter in our mail box. There were a lot of items in the Reporter that informed us about activities that the Daily Sun would not print. Please do not use the Daily Sun as the gospel according to the Villages.

Broaden your horizons and see what others are printing about the Villages.

Don't get me wrong - I love the Villages but there is more that than one side.

And to answer the original post, I think that would be called soliciting and is against the Villages covenants. Why don't you tke out an ad in the POA bulletin?

[Talk Host]

Let's assume it is against the Villages covenants, like dogs without a leash and trailers in the driveway and so on. I have never understood what the Villages can do about it. I'm not advocating violations, I am just curious what can be done in the way of punishment.

[zcaveman]

Not sure. A friend of mine has a son in the Villages and he was putting fliers for trimming and weed care in doors and ended up with a visit from the deed restriction people. I have always been told that when people start knocking on my door and soliciting any kind of service to call the neighborhood watch and let them know.

I don't think you want the TOTV to get a bad image. Besides a lot of people do not have PC and internet access.

I am not sure how the POA gets a pass to deliver the newspaper.

[Talk Host]

I have no intention of beginning a driveway newspaper campaign. What I am posing is an intellectual question about what enforcement authority the Villages has. In the case of your friend who got a visit from the deed restriction office, what could they do other than warn him. If he had continued to hand out fliers, would they have him arrested? Can you imagine calling the sheriff to arrest a guy for "deed restrictions"

Last year, I called the deed restriction office 3 times about a couple up the street who allowed their dog to roam and jump on people. Finally, on the 4th call, I was told, they had already spoken to him three times and that I should call Marion County.

[villages07]

Jan...it is an interesting question, for which I have no answer. At what point does leaving uninvited paper on the driveway become a littering offense? Maybe that's one way the law enforcement community could inflict punishment.

To the larger issue of violating the deed restrictions....for violations that are not law-breaking (e.g. painting your house neon green), the only recourse they have is a lawsuit to force you to re-paint or to recover costs they incur to fix the situation.

Somewhat of a toothless tiger....

[abracadabra]

Instead of getting a lot of flack about another piece of "literature" in our yards, why don't you post a colorful "newsletter" on the bulletin boards at the postal stations? I don't know who you have to contact in order to do this, but it would get the attention of the people who want to be "in the know".

[Talk Host]

Instead of getting a lot of flack about another piece of "literature" in our yards, why don't you post a colorful "newsletter" on the bulletin boards at the postal stations? I don't know who you have to contact in order to do this, but it would get the attention of the people who want to be "in the know".


As I said, I have no intention of starting a driveway newsletter campaign. It was an intellectual discussion about who can and who can't do it.

[Taltarzac]

As I said, I have no intention of starting a driveway newsletter campaign. It was an intellectual discussion about who can and who can't do it.


Could get your for trespass? I think this would cover the driveway of Villages' homeowners.

Do not forget about the people in Katie Belle's that were holding two tables for themselves and who were recently convicted for trespass. They did create a fuss about not leaving when asked.

from Florida Statutes:

"810.09 Trespass on property other than structure or conveyance.--
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or
2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,
commits the offense of trespass on property other than a structure or conveyance.
(b) As used in this section, the term "unenclosed curtilage" means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling."


It would seem kind of silly to use this Statute for putting a newspaper in a driveway, but that case of trespass at Katie Belles also seemed like a waste of the taxpayers' money to prosecute.

[Talk Host]

Could get your for trespass? I think this would cover the driveway of Villages' homeowners.

Do not forget about the people in Katie Belle's that were holding two tables for themselves and who were recently convicted for trespass. They did create a fuss about not leaving when asked.

from Florida Statutes:

"810.09 Trespass on property other than structure or conveyance.--
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or
2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,
commits the offense of trespass on property other than a structure or conveyance.
(b) As used in this section, the term "unenclosed curtilage" means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.


It would seem kind of silly to use this Statute for putting a newspaper in a driveway, but that case of trespass at Katie Belles also seemed like a waste of the taxpayers' money to prosecute.


So then, Is it a trespass when the Propery Owners Association throws their newspaper in my driveway, even after I asked them not to?

[Taltarzac]

So then, Is it a trespass when the Propery Owners Association throws their newspaper in my driveway, even after I asked them not to?


I believe so. It looks like it anyway. Their lawyers would probably quibble about what the FL legislators meant by entering private property in that Statute. Does throwing a newspaper constitute trespassing on property? If some adult DVD/video company were distributing their leaflets on Villages homes, I will bet that it would. It would come down to the cases that interpret that FL statute.

[Pete]

It seems like politicians can pass out "Vote for me" leaflets and put up signs just about anywhere they want to. What are their limitations and recourses for violations? The Sumter Sun was a freebie newspaper when it started out and left copies in the driveways all over Sumter county.

[chuckster]

Never heard of the sumter sun. Is it still published???????? :dontknow:

[tbsoccer]

We have been to The Villages twice. Once to visit an uncle while we were on our way to Gainsville. We liked what we saw. To find out more, I began reading the Daily Sun on line and we had the monthly magazine delivered to our home (it has since stopped). In July we came down for a week to see what summer was like in Central Florida and learn more about TV.

I found out about TOTV on the 15th page of a Goggle search on TV. I needed to hear a different voice than just the marketing department. Unfortunately the Daily Sun only publishes "happy news." TOTV is the only consintently balanced information that I have found so far.

The HOA and POA should both support the residents of TV but from some of the theads that I've read in TOTV, it's another marketing tool whereas the POA has taken to developer to task on some of their decisions. Even so, they have said that they support 90 percent of the developers actions. I need to know that there are potholes on easy street so I can be ready for them. (We have lots of potholes in Pittsburgh and I know that you can't avoid them all.)

[Taltarzac]

It seems like politicians can pass out "Vote for me" leaflets and put up signs just about anywhere they want to. What are their limitations and recourses for violations? The Sumter Sun was a freebie newspaper when it started out and left copies in the driveways all over Sumter county.


The First Amendment and the FL Constitution would provide very high hurdles for any attempt by any city or county government to stop people from distributing political leaflets. http://www.answers.com/topic/time-place-and-manner-restrictions?cat=biz-fin

It would be pretty easy to argue that even if the Villages is private property many of its features touch on acting like a city government. So, the First Amendment protections would probably apply.

[Talk Host]

Courts all across the land are ruling that political advertising is the purest form of freedom of speech and the one that must be guarded the most. They are ruling time and again that any restrictions of candidates during the limited time they have to garner votes has a chilling effect on the political process. So any restrictions of knocking on doors, distribution of literature, prohabitions against yard signs or sign size or quantity is a clear and irrefutable violation of the freedom of speech.

I have asked this before. If a candidate for office is knocking on doors in the villages, what can be done to stop them. Neighborhood watch has no authority to do so. If they call the Sheriff, what is the Sheriff going to do, arrest them for campaigning? The streets in the Villages are public streets, as are the downtown streets. There is no way to legally forbid it. Thank God, The first amendment and the men and women who died to give us this right and freedom to select candidates and vote them into or out of office.

[handieman]

.Campaigning is another form of soliciting. Instead of a product, it's a vote. My opinion is that door to door soliciting is Taboo in TV and so it should be along with campaigning. The Village Sun newspaper is as close as I want to get to the candidates. Again it's only my opinion
Handie :joke:

[zcaveman]

.Campaigning is another form of soliciting. Instead of a product, it's a vote. My opinion is that door to door soliciting is Taboo in TV and so it should be along with campaigning. The Village Sun newspaper is as close as I want to get to the candidates. Again it's only my opinion
Handie :joke:


That is okay but the Villages Daily Sun seems to neglect the fact that part of the Villages is in Marion county. We do not get anything about the Marion county candidates, nor the closings, nor the garbage pickup changes. We are the forgotten people.

[The Great Fumar]

Talk Host
I have always been under the supposition that it is easier to be forgiven than it is to get permission .........and this is a classic case..
I personally think its a great idea, Your defense is Wendel Wilke and Herbert Hoover did it !! So why can't you......

[Barefoot]

Freedom of Speech, and aren't we lucky to have it.

[Village Kid 2]

AMEN! We are VERY lucky to have the freedoms we have, especially elections. Personally, I welcome any type of information that is presented, whether it be something thrown in the driveway, brochures in the door, or a candidate who takes the time to ring doorbells. Let me have ALL the information and filter it for myself! As for political information and comment, I prefer the St. Petersburg Times.

[LG]

Every month, the Property Owners Association throws a small newsletter that has been stuffed in a pastic bag onto virtually every driveway in The Villages. This is nothing that I subscribe to, am a member of, or even want.

Here's the question. Could I print a newsletter about Talk of The Villages, stuff them in a plastic bag and toss them into driveways around the Villages?


I'm sure The Villages Police ( AKA Neighborhood Watch ) would bust you for littering ofr solicitation. DO AS WE SAY NOT AS WE DO

[Talk Host]

I'm sure The Villages Police ( AKA Neighborhood Watch ) would bust you for littering ofr solicitation. DO AS WE SAY NOT AS WE DO


Bust me? What authority do they have?