Private Governance, Public Authority?
An interactive analysis of the Desert Mountain Master Association's security patrol, a sophisticated system of civil enforcement operating parallel to, but distinctly separate from, public law.
Patrol Powers: A Legal Comparison
Under Arizona Law, the powers of a private security patrol are strictly limited. Click the tabs below to explore the critical distinctions between the DMMA patrol and public law enforcement.
Vehicle Lights & Sirens
Public Law Enforcement
Can use red/blue lights and sirens on "authorized emergency vehicles" to compel drivers to yield and to bypass traffic laws in emergencies (ARS § 28-947, 28-624).
Desert Mountain HOA Patrol
Prohibited from using red/blue lights. Use of amber/white lights and sirens does not grant emergency privileges or the authority to compel a driver to stop. It is a private signal, not a state command.
Authority to Conduct Traffic Stops
Public Law Enforcement
A stop is a legal detention under state authority, requiring the driver to provide license and registration. It carries legal obligations and consequences.
Desert Mountain HOA Patrol
A "stop" is a request for compliance with private community rules, not a legal detention. Authority is limited by ARS § 28-627 to parking/standing violations, not moving violations.
Use of Lidar for Speed Enforcement
Public Law Enforcement
Uses lidar to issue state-recognized traffic citations that carry legal penalties, fines, and potential insurance implications.
Desert Mountain HOA Patrol
Uses lidar to gather evidence for a "Uniform Safety Violation Notice"—a private, civil notice of a breach of contract with the HOA. The resulting fine is internal, not a state penalty.
The Enforcement Process
The DMMA's enforcement system is a closed-loop, civil process. This flow demonstrates how a violation is handled internally, from the initial notice to the community's most powerful compliance tool.
Violation Occurs
A resident or guest is observed violating a community rule, such as speeding, by an Anderson Security patrol officer.
Notice Issued
The patrol issues a "Uniform Safety Violation Notice." This is not a legal ticket, but an internal notice of a rule breach, typically carrying a $100 civil fine.
Fine Levied
The fine is added to the resident's semi-annual HOA bill. If the violator was a guest, the fine is levied against the resident they were visiting.
Appeal Option
Residents can appeal the violation to the Covenants Committee. The hearing is a brief, internal process, with the decision communicated via email.
Ultimate Consequence: eGo Tag Deactivation
If the fine remains unpaid, the DMMA can deactivate the resident's vehicle transponder (eGo tag). This restricts automatic gate access, providing a powerful, non-judicial tool to compel compliance.
Strategic Innovations & Implications
The DMMA operates more like a proactive "private government" than a typical HOA, investing in technology and policies that represent a significant departure from the norm. These initiatives highlight a strategic commitment to a higher level of private control and safety.
Mandatory Firewise Program
In late 2023, the board enforced a mandatory program requiring homeowners to create defensible space around their properties to mitigate wildfire risk, achieving a rare community-wide certification.
Advanced Technology Deployment
The board approved the deployment of strategically placed cameras and two drones, positioning the community at the forefront of private security technology.
Armed Security Personnel
In a highly unusual move for a residential HOA, the board made the decision to arm 51% of its security field supervisors and officers, accepting significant liability for a higher level of security.