Solicitation …….. Is it? or Isn’t it?

During the 2013 Arizona legislative session, AAMHO was successful in modifying AZ Statutes to more clearly define “solicitation”, notably how it affects your rights as a manufactured home owner living on leased land and your ability to inform your neighbors about meetings and information that affect your chosen lifestyle.  These modifications will become law in September 2013.

 

Unfortunately, earlier this year one of our members, and a few of his neighbors, was threatened with eviction as a result of distributing flyers informing other residents of an upcoming, offsite AAMHO meeting.  These people were accused of solicitation and disturbing the residents’ peaceful enjoyment of their property by going door-to-door to deliver these flyers.  Coincidentally, AAMHO had wanted to include the distribution of information as part of its effort to preclude this action as solicitation, but the specific wording was stricken after unsuccessful negotiation with opponents as the Bill proceeded through the legislative process.  AAMHO wanted to ensure other modifications to the statute were solidified and thus had to drop portions of our originally planned effort.

 

The aforementioned member, with support from AAMHO, filed a petition via the Administrative Law Judge (ALJ) hearing process where, with little scrutiny of the complete issue, the petition was decided against our member.  AAMHO is convinced this decision was unfair and has agreed to financially support a filing to appeal the decision through an attorney in support of the original litigants.  Should an appeal fail, AAMHO will carry this threat to your rights to other AZ courts if needed.  Due to this ongoing litigation, I will not delve into the details of this action since, as they say in the media, “it is an ongoing legal issue”.

 

AAMHO feels very strongly that every homeowner living on leased land is having their right to assemble and discuss issues related to their lifestyle seriously threatened, despite existing Arizona Statutes that enable you to do this.   To date, AAMHO has invested $5700.00 from our legal fund to fight this attack on your rights.  However, our legal fund is not a deep well of dollars and as a non-profit organization we do not have unlimited sources of money.  As this issue travels through the legal system it will take money to fuel its progress.

 

I, and the AAMHO Board of Directors, are committed to fighting this injustice, but need your assistance.  We are asking our members and anyone who reads this and who may be affected by the outcome of this issue, to help us by contributing to our legal fund to prevent its depletion.  Any amount is greatly appreciated.  Further, mention this situation to your neighbors so that more and more people are aware of the issue.  Call, email, or write to your local State Representatives and Senators asking them to look into the problem; a list of AZ Districts and the associated Representatives and Senators can be found on the AAMHO website under “Legislative News”.  The more notoriety the issue gains, the better the likelihood of success.  AAMHO strongly feels the original action taken by residents in this issue was not “solicitation” based on various legal definitions of the word.

 

Contributions can be made and mailed to:

AAMHO Legal Fund

2334 S McClintock Drive

Tempe, AZ  85282-2674

 

Thank you,

Rich Zettlemoyer

AAMHO President