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For HOA boards and community managers

What can HOA security guards legally do in California?

Short answer

HOA security guards can observe, report, ask people to leave private property, enforce the association's rules through documentation, and make a private person's arrest under Penal Code 837 for a crime committed in their presence. They are not police. They cannot search people, issue legal citations, or use force beyond what is reasonable for defense.

What guards can do

  • Patrol common areas and check gates, pools, garages and amenities
  • Ask non-residents to leave and document a trespass warning
  • Record rule violations with photos for the board or manager to act on
  • Call police or the Sheriff and stay as a witness
  • Make a private person's arrest in serious cases, then hand the person to law enforcement

What guards cannot do

  • Present themselves as police or wear uniforms or badges that look like a law enforcement agency's
  • Search a person, a car or a home
  • Enter a unit without permission
  • Fine anyone. Fines come from the board after notice and a hearing under the Davis-Stirling Act.
  • Tow a car without following Vehicle Code 22658

Why most of the value is in the report

The board enforces the governing documents. The officer supplies the facts: who, what, where, when, with photos. A good report lets the manager send a violation letter that holds up at a hearing. See what our HOA patrol reports include.

This is general information from a security company, not legal advice. Laws change and details matter, so confirm anything important with your attorney.

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Call any hour. Michael or a supervisor answers, asks a few questions, and you have a written quote within about two hours.

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