Security in Private Gated Communities?

[atomicbike]

What is the name of your state? California

If I live in a large private gated community (4000 acre/maybe 700 people) in orange county. My question is based on "can security guards enforce parking and moving violations in a gated community?".
More specifically;

Are the streets in a gated community private property, that can be patroled and codes/rules enforced by private security?

Can a security guard issue a "ticket" to a non-resident of the private community? And if so, how would it be enforced?

Can a security vehicle with amber lightbar pull over a motorist for speeding in a private gated community?

Any codes or statutes regarding this would be VERY HELPFUL!

Thanks in advance!
Gary

[ceara19]

Originally Posted by atomicbike

What is the name of your state? California

If I live in a large private gated community (4000 acre/maybe 700 people) in orange county. My question is based on "can security guards enforce parking and moving violations in a gated community?".
More specifically;

Are the streets in a gated community private property, that can be patroled and codes/rules enforced by private security?

Can a security guard issue a "ticket" to a non-resident of the private community? And if so, how would it be enforced?

Can a security vehicle with amber lightbar pull over a motorist for speeding in a private gated community?

Any codes or statutes regarding this would be VERY HELPFUL!

Thanks in advance!
Gary

That depends. Are you asking because of a specific incident that has occurred or is this a homework assignment? If you want the information because of an actual event, a few more details are needed.

[atomicbike]

Not a homework assignment... Sorry for the lack of detail, here is the full story:

A friend/appliance repairman came to our private community a couple of weeks ago.

Apparently on his way out of the community, he was stopped by a security guard in a marked car with amber lights (drive around all the time). They ticketed him for 37mph in a 25mph and requested that he pay a $100 fine to the HOA.

Now his boss wants to know what to do? I don't know, because I don't even know if this is a legal stop?

I know they hold us residents hostage with the threat of fines, but what can they do to service repairmen? Will this come back to haunt me if they don't pay the fine?

While I have not read it, they told him the temp pass they issue visitors says all traffic laws will be enforced on the property by HOA and private security.

Thanks again!
Gary

[The Occultist]

If the temp pass really does state that condition, then your friend agreed to that "contract" by accepting the pass and heading onto the property.

It is theoretically possible, though unlikely, they there are set up to be able to report a non-payment for this and hurt credit.

The more likely scenario is simply that if the vehicle is on the premises ever again it will be towed at the owner's expense.

[CraigFL]

It sounds like it's a civil matter because it was on private property and there was a contract. I would expect a civil suit in small claims court if he doesn't comply.

[CdwJava]

Originally Posted by atomicbike

If I live in a large private gated community (4000 acre/maybe 700 people) in orange county. My question is based on "can security guards enforce parking and moving violations in a gated community?".

They can try.

Are the streets in a gated community private property, that can be patroled and codes/rules enforced by private security?

If there is a contract between the owning entity and the security company, sure.

Can a security guard issue a "ticket" to a non-resident of the private community? And if so, how would it be enforced?

The non-resident could be sued in small claims court for the amount on the "ticket" ... good luck with that!

Can a security vehicle with amber lightbar pull over a motorist for speeding in a private gated community?

The motorist is under no legal obligation to yield to the security vehicle.

Any codes or statutes regarding this would be VERY HELPFUL!

For what? This is entirely a civil matter between contractual parties. The security officers are granted only what authority the contract allows. They can make citizen's arrests pursuant to the law, or issue citations pursuant to the civil arrangements with the employer. But, these citations have little legal binding unless the party has agreed to pay the violation. The outsider - not being a party to the contract - is not likely to be seen as liable for the "fine". The HOA can try to take it to small claims court, but they'd likely lose.



- Carl

[atomicbike]

Thanks everyone for the info! I will surely pass it along to my buddy in case he is contacted again by the HOA.

CDW JAVA Quote:
Me: " Any codes or statutes regarding this would be VERY HELPFUL!"
CDW JAVA: "For what?"

I was just wondering if there were any public codes that allow private security to enforce "laws" in this manner.
And, on a non-resident who hasn't read and agreed to the HOA's CC&Rs.

THX

[The Occultist]

What Carl was saying is that this security company does NOT have the legal authority to enforce any laws. That's why this is completely a civil matter, and police will not be involved at all.

[CdwJava]

Originally Posted by atomicbike

I was just wondering if there were any public codes that allow private security to enforce "laws" in this manner.

And, on a non-resident who hasn't read and agreed to the HOA's CC&Rs.

As Occultist mentioned, the security officers have no true authority to enforce the law any more than anyone else does. They are private persons in this regard. The advantage they have is that they can act at the authority of the owner, or, in this case, on the authority of the HOA. That means that for certain offenses such as trespassing within the community at large they can sign for a private person's arrest whereas a tenant (a homeowner) could not do so unless they were a member of the governing body or their appointed agent.

A private person may use reasonable force to detain a person who has committed offense, and make a private person's arrest under the following circumstances pursuant to PC 837:

837. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not
in his presence.
3. When a felony has been in fact committed, and he has reasonable
cause for believing the person arrested to have committed it.

Other members of the public do not have to yield for the security officer's amber lights, and they also cannot be arrested for a violation of someone else's civil contract (i.e. violating the HOA rules). So, while the motorist does not have to accept the civil citation demanding payment, the security people DO have the authority to detain for suspected trespassing, and could - in theory - attempt to have the motorist arrested for trespassing. However, since he was there to do work at a resident's home, it is likely that such an arrest would result in a lawsuit for a false arrest as the definition of trespassing would not have been met.

Someone at the HOA needs to get together with the security people, and they all need to sit down with an attorney before the HOA finds themselves embroiled in a serious lawsuit!

- Carl

[atomicbike]

Thanks Guys! It's really cool of you to help us folks out!

Now, can I ask another question just for my own curiosity???

What "Public Offenses" constitute a security guard to make an arrest (without likely being sued)?
Is it a misdemeanor vs felony thing?

Thanks again!

[CdwJava]

Originally Posted by atomicbike

What "Public Offenses" constitute a security guard to make an arrest (without likely being sued)?
Is it a misdemeanor vs felony thing?

A "public offense" is, essentially, any crime. Even speeding would be a public offense ... however, by definition, one cannot violate the basic speed law on private property, so traffic enforcement in the private community might be tough.

Here is the legal definition from the Penal Code:

15. A crime or public offense is an act committed or omitted in
violation of a law forbidding or commanding it, and to which is
annexed, upon conviction, either of the following punishments:
1. Death;
2. Imprisonment;
3. Fine;
4. Removal from office; or,
5. Disqualification to hold and enjoy any office of honor, trust,
or profit in this State.

The long and short ... if they see a crime, they can detain and make a private person's arrest for it.


- Carl

[Jim_bo]

Wow... what an awesome thread. Please don't leave us hangin'... you have to post here to let us know what happens. Does the security guard testify at a HOA court? If your friend doesn't show, do they issue a HOA bench warrant? Honestly, some HOA's are just freakin' nuts!

Jimbo

[atomicbike]

Originally Posted by CdwJava

A "public offense" is, essentially, any crime. Even speeding would be a public offense ... however, by definition, one cannot violate the basic speed law on private property, so traffic enforcement in the private community might be tough.

Here is the legal definition from the Penal Code:

15. A crime or public offense is an act committed or omitted in
violation of a law forbidding or commanding it, and to which is
annexed, upon conviction, either of the following punishments:
1. Death;
2. Imprisonment;
3. Fine;
4. Removal from office; or,
5. Disqualification to hold and enjoy any office of honor, trust,
or profit in this State.

The long and short ... if they see a crime, they can detain and make a private person's arrest for it.


- Carl

Thanks again Carl!

I'll let you guys know if it ends up in HOA court!

[CdwJava]

Originally Posted by Jim_bo

Wow... what an awesome thread. Please don't leave us hangin'... you have to post here to let us know what happens. Does the security guard testify at a HOA court? If your friend doesn't show, do they issue a HOA bench warrant? Honestly, some HOA's are just freakin' nuts!

Jimbo

Okay, now THAT was funny!

I'm having a mental image of cranky retired folks in Hawaiian shirts bringing up prior "criminal" histories to include 'failure to mow', and the 'unlawful display of a pink flamingo'.

- Carl

[ceara19]

Originally Posted by CdwJava

Okay, now THAT was funny!

I'm having a mental image of cranky retired folks in Hawaiian shirts bringing up prior "criminal" histories to include 'failure to mow', and the 'unlawful display of a pink flamingo'.

- Carl

ANY display of a pink flamingo should be unlawful.