What your board needs to know about licensing, fine authority, towing, and contract terms before you sign a security guard agreement.
In Alabama, HOA security guards are unarmed personnel licensed under the Alabama Security Regulatory Board (Ala. Code Title 34, Chapter 27C) who perform access control, patrol, and courtesy enforcement at a gated community, but they do not hold police power. They cannot issue citations, levy fines, or tow vehicles themselves; those actions stay with the HOA board, under its governing documents, or a licensed towing operator acting under Ala. Code §§ 32-13-1 and 32-13-2.
An unarmed guard licensed under Ala. Code Title 34, Chapter 27C can verify access at a gate, log visitors, patrol common areas, check that vehicles belong to residents or registered guests, and give a verbal or written warning to someone who is not authorized to be on the property. What a guard cannot do is write a binding citation, assess a fine, or unilaterally have a car towed; towing requires compliance with the signage and notice rules in Ala. Code §§ 32-13-1 and 32-13-2 and is carried out by a licensed towing company, not the guard directly.
Unlike some states, Alabama does not have a single comprehensive act governing all homeowners associations. The Alabama Homeowners’ Association Act (Ala. Code § 35-20-1 et seq.), in effect since January 1, 2016, applies only to associations whose declaration was recorded on or after that date. For most Alabama communities, especially older ones, the HOA’s own recorded declaration, covenants, and bylaws, not a statewide statute, are the primary source of enforcement authority, which is why a board’s governing documents need to spell out exactly what a security guard is authorized to do on the association’s behalf.
Before signing a contract, boards should confirm each guard’s current ASRB license and training records, define staffing and patrol coverage in writing, and require the security provider to carry adequate commercial general liability insurance naming the association as an additional insured. The contract should also spell out reporting procedures and include a clear termination clause. For anything beyond these generic practices, consult your HOA’s governing documents and Alabama counsel.
No. An ASRB-licensed security guard has no statutory authority to issue citations or assess fines in Alabama. That authority belongs to the HOA board under its recorded covenants and bylaws; the guard’s role is to observe, log, and report violations for the board to act on.
Not directly. Towing from private property in Alabama is governed by Ala. Code §§ 32-13-1 and 32-13-2, which require specific posted signage and notice and is carried out by a licensed towing company. A guard can identify and report an unauthorized vehicle, but the HOA (or its contracted towing vendor) handles the actual removal.
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