Yup~ Selangor State Government has announced earlier, in order to be gated and guarded(G&G) residential area, one area has to get 100% consent from the residents.
Which meant that even if there is one objection from among residents, the G&G application won’t get approval from local authority!!This definitely has created disappointment among residents, especially when the rising of the crime rate, G&G is a MUST for everyone to stay peacefully.
There are 2 different types of G&G community in Klang. First is the one that originally G&G by Developer, like Ambang Botanic 1 and Ambang Botanic 2, and also Bandar Parkland Precinct 1~3A. which when developer started to built, they planned it as a whole compound, to include the landscaping and garden altogether, to ensure the residents enjoy the exclusiveness of the environment. Definitely, by promoting the uniqueness and exclusiveness of the living environment, developer get higher margin!
Second type of G&G is the G&G community initiated by Residents Association(RAs) of particular area, we called it as G&G Afterwards. These become popular for the past decade, when higher crime rate become threats to most of the people. RAs normally have a lot of convincing and canvassing work to do, they need to walk through every houses, try to persuade every residents to join the G&G scheme.
Few years back, for RAs to get their G&G approval from local authority, they only need 85% of consent from residents. Only last year, State Government has came out with new guidelines, to get approval for G&G, RAs have to get 100% consent from residents, which most of RAs think is mission impossible !! Bandar Bukit Tinggi, Butterfly Park, Bandar botanic, Precinct Bidara, Angsana, Cassia are all considered as G&G Afterwards. Local Authority normally allowed them to fence up only residential area, but not the public area, lake, park etc.
In fact, G&G original from Developer, they collected higher maintenance fees compare to those G&G afterwards. For example, Ambang Botanic 1 monthly maintenance fees for superlink will be RM250 monthly, while for link house in Bandar Botanic, the maintenance fees only RM50~60 monthly.
But the G&G afterwards community they normally face difficulties when getting everyone to pay, as they don’t have rights to ban those unpaid residents to go into their own property. Whereby G&G originally from Developer, they already had the Agreement signed beforehand, if the residents not paying maintenance, management has the right to inactivate their access card, and stop them from enter the residential area.
References:
https://klangproperties.com/
https://www.thestar.com.my/metro
April 23, 2018 by emily
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Dear Selangor Residents /Home Owners (of non-private terrace houses),
Do you currently live in an informal gated community and paying monthly 'security fees' to your RA?
How do you know whether your RA chairman is an ethical law-abiding-citizen chairman or a corrupt conman?
Your chairman is a conman when he breaks multiple laws to implement his own GnG scheme so that he can collect monthly fees (some call it toll, others would call it protection money) from the community.
Even though the property developer have clearly stated that the residence is not a gated community, your chairman still want to operate an illegal scheme taking advantage of the grey area and the residents' lack of knowledge in this subject.
Your chairman is a conman when he failed to inform the community that the scheme that they are allowed to operate is only an informal scheme.
Your chairman is a conman when he failed to inform the residents and the community the differences between a formal gated community scheme (under private/ strata residences) vs. an informal gated community scheme.
Your chairman is a conman when he operates an informal gated community scheme as if it is a formal GC scheme. Both schemes are very different, one is legal but the other is actually illegal. (Comparing a legal scheme to an informal scheme is like comparing a pineapple to an apple).
Your chairman is a conman when he failed to inform the community of the limitations of an informal scheme.
Your chairman is a conman when he never inform the community what they "can and cannot do" under the local council guidelines while operating an informal scheme.
Your chairman is a conman when he instructs his security guards to stop and ask people for ID (such as MyKad or Driver's License), even though it is against the law.
Your chairman is a conman when he instructs his security guards to block the community or anyone that did not join his illegal "GnG" scheme. (Not having a residents' sticker on the windscreen does not give RA the right to stop and check the community - it is illegal, unlawful and an offence to do so).
Your chairman is a conman when he implements the prohibited card access system in non-private residences without sufficient consent or approval.
Your chairman is a conman when he breaks the laws to stop the community from moving in and out freely. (It is illegal and unlawful requiring residents of non-private residences to register at the guardhouse every time; it is also illegal and unlawful to stop others from access).
Your chairman is a conman when he has no regards for the laws, the rights of others and he thinks the entire residence belongs to him. He also does not believe in "the rule of law", has selfish agendas, and he imposes his beliefs and preferences on others. Your chairman is a conman when he indirectly forced the community to subscribe to his illegal scheme.
Above all, your RA chairman should have been more transparent first on the laws, guidelines, rules and regulations of what an informal scheme can and cannot do - and then let the community decide whether they want to sign up or not; not coerce them into joining without any knowledge whatsoever.
If your chairman didn't do this before implementing his "GnG" scheme, then he is more likely a conman.
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So, is this GnG scheme or scam? Let us keep formal GnG residences private and exclusive. And put a stop to informal "GnG schemes" in public property residences. Informal GnG schemes are actually a nuisance and a hindrance in today's society. It is worrying as these illegal schemes are sprouting all over the country.
RAs operating informal schemes have been flouting the laws and causing the communities a lot of disharmony and disunity. Certain group of people with personal agendas are taking the opportunity to enrich themselves in the name of providing "neighborhood security", which in fact looks more like an illegal "toll collection" from its residents.
No private facilities to offer and no amenities to maintain, but the RA still want to operate a GnG scheme by hiring private security guards and installing unlawful access card system which the majority of the community do not want.
"Even though there is no law that says you cannot hire security guards for your residence... you cannot block the community or others from moving in/out. You must also respect the rights of others.
You will be breaking the laws when you block public roads, or stop cars and ask for identification such as MyKad or Driver's License from the public. [Fyi, using access card system is also illegal in all non strata residences.]
You can only instruct your private security guards to take down the details of vehicles moving in/out, such as the date & time, car model, colour and registration number only.
Do not intimidate or bully other law-abiding residents/citizens. Do not act like gangsters and please do not act as though you own the housing estate. Please do not operate informal GnG scheme if you do not know the laws/guidelines. Please be informed accordingly."
The Silent Majority
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There is a lot of confusion when it comes to this "GnG" subject. This lack of clarity and knowledge by the communities have been used by unscrupulous RAs to bully its non-paying residents and the surrounding communities.
Due to the lack of awareness by the public, corrupt RAs have been taking advantage of this grey area to coerce residents to sign up/pay for their bogus schemes that are breaking the laws.
So now, some people ask... can security guards ask for your MyKad or Driving License for identification (even just for recording purposes)? And the other related question is, can they block public roads or stop you from entering? How about the usage of auto access card system?
When we want to talk about this subject, we need to define first whether we are referring to a formal GC scheme or an informal "GC" scheme? They are both very different and shouldn't be mixed up. There is a big difference between "formal" gated communities and "informal" gated communities...
All "Informal Gated Community" schemes that are operated by Residents Associations (RA) in non-private housing areas are not legal gated communities at all. Actually, these so-called "GnG" schemes implemented by RAs are against the laws and guidelines.
Only "Formal Gated Community" schemes that are managed by Management Corporation (MC) or Joint Management Body (JMB) are legal GnG schemes protected and bound by the Strata Title Act 1985 and the Strata Management Act 2013.
First and foremost, gaining entry into a "private property" such as a formal gated community or a stratified condominium is different from gaining entry to a "public property" such as an informal GnG residence. Both schemes are very different and people ought to know the difference.
Security guards at an "informal gated community" do not have the right to ask visitors for MyKad or driving license. It is against the law and it is an offense (Regulation 7).
In the first place they have no right to block anyone from access to any "public property" residence. It is illegal to block public roads as the roads do not belong to the RA or any particular group of residents. [Sek 80 Akta Pengangkutan Jalan 1987 (Akta 333) dan Sek 46 (1) Akta Jalan, Parit & Bangunan 1974]
The usage of auto access card system at informal GC is also prohibited and illegal.
Only licensed security guards on duty at a "formal gated community" and/ or a stratified condominium have the right to ask visitors for MyKad or driving license for identification and recording purposes. Only formal gated communities (strata or private properties) can legally block roads and implement auto access card system for their residents.
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Can security guards ask for your MyKad or Driving License (even just for recording purposes only)?
Regulation 7 of the Peraturan-Peraturan Pendaftaran Kebangsaan 1990 clearly states that security guards (or any persons) are not allowed to conduct checks on your identity, let alone request for any kind of identification documents.
Regulation 7 also explicitly states that only certain officers are allowed to inspect the identity of a person and request the person to produce his/her MyKad for inspection. These officers include:
- registration officers (of the National Registration Department of Malaysia or JPN)
- police officers (PDRM)
- customs officers/ immigration officers
- members of the Armed Forces on duty
- public officers authorized by the Director General
"Informal Gated Community" schemes that are run by RA in non-private housing areas are not legal gated communities at all. Actually, these so-called "GnG" schemes implemented by the RAs are against the laws and guidelines. They have no right to ask for anyone's ID.
However, formal gated communities (private properties) that are managed by Management Corporation (MC) or Joint Management Body (JMB), are legal GnG schemes protected and bound by the Strata Title Act 1985 and the Strata Management Act 2013. So, they have the right to ask visitors for their ID such as MyKad/ driving license for taking down the details.
Security guards at an "informal gated community" do not have the right to ask visitors for MyKad or driving license. It is against the law and it is an offense.
Only licensed security guards on duty at a "formal gated community" or a stratified condominium have the right to ask visitors for MyKad or driving license for identification and recording purposes.
Pengawal keselamatan yang bertugas di kediaman awam (termasuk di komuniti berpagar yang tidak formal) tidak dibenarkan untuk meminta dokumen identiti seperti MyKad ataupun lesen memandu daripada pihak awam.
Tetapi pengawal keselamatan yang bertugas di premis persendirian (seperti di komuniti berpagar yang formal, kondominium dan bangunan swasta) dibenarkan untuk meminta dokumen identiti pelawat bagi tujuan rekod butiran.
Peruntukan Peraturan 7 Peraturan-Peraturan Pendaftaran Kebangsaan 1990 memperuntukkan bahawa hanya seorang pegawai pendaftaran, pegawai polis, pegawai kastam, pegawai tentera atau pegawai lain yang diberi kuasa bertulis oleh Ketua Pengarah Pendaftaran sahaja yang dibenarkan untuk meminta dan memeriksa identiti seseorang dengan mengemukakan kad pengenalan.
"Syarikat Kawalan Keselamatan hanya boleh meminta dokumen identiti pelawat semata-mata bagi tujuan semakan dan rekod kemasukan ke premis persendirian dan kemudian mengembalikannya kepada pelawat selepas identiti mereka direkodkan."
Therefore, only formal gated communities have the right to block roads and demand visitors for their MyKad or Driving License. So, only licensed security guards on duty at formal gated communities can ask for your MyKad or Driving License for recording purposes only.
This is as clear as it can get... hope this helps!
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If you are someone who are denied access to a (non-private /non-strata) residence whether to visit your family, friend or simply just going home, you can lodge a complaint with your Municipal /Local Council and/or PDRM.
If you are being stopped by the security guard and asked to produce your ID such as MyKad or Driver's License, you can lodge a complaint with your Local Council and/or PDRM.
If you are a resident or someone who encounters problems with the security guards (or have been harassed from moving in and out freely) just because you don't subscribe to their scheme, you can lodge a complaint with the authorities.
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New applications for gated and guarded communities in Selangor will only be considered provided there is no objection from any of its residents.
Under the new ruling, Yazid said approval could be given to applications with 100% consent from residents from a particular area.
Even if there was one objection from a resident, he said the council would not process the application.
The State Housing Board sent out circulars to all 12 local authorities on the new ruling.
Klang Municipal Council president Datuk Mohd Yazid Bidin, who confirmed receiving the circular, said the new ruling would be implemented in Klang with immediate effect.
The new ruling is with immediate effect following a change in policy by the Selangor state government, which earlier granted approval for gated and guarded applications based on 85% consent.
“However, the council will take the gesture of silence from the residents as consent,” he said, adding that it was up to the residents associations and property owners to sort it out.
Yazid said all the pending gated and guarded applications from various parts of Klang would be put on hold and the applicants would be required to meet the new criteria.
However, he added the ruling for guarded communities remained at 85% consent from the residents.
"I hope the residents asociations will comply with the new ruling,” he said.
Read more at https://www.thestar.com.my/metro/community/2017/03/31/zero-objection-requirement-for-new-gated-and-guarded-housing-applications-in-selangor/#isMCqU4KRHSHWCf2.99
METRO NEWS
Friday, 31 Mar 2017
By Elan Perumal
https://www.thestar.com.my/
Under the new ruling, Yazid said approval could be given to applications with 100% consent from residents from a particular area.
Even if there was one objection from a resident, he said the council would not process the application.
The State Housing Board sent out circulars to all 12 local authorities on the new ruling.
Klang Municipal Council president Datuk Mohd Yazid Bidin, who confirmed receiving the circular, said the new ruling would be implemented in Klang with immediate effect.
The new ruling is with immediate effect following a change in policy by the Selangor state government, which earlier granted approval for gated and guarded applications based on 85% consent.
“However, the council will take the gesture of silence from the residents as consent,” he said, adding that it was up to the residents associations and property owners to sort it out.
Yazid said all the pending gated and guarded applications from various parts of Klang would be put on hold and the applicants would be required to meet the new criteria.
However, he added the ruling for guarded communities remained at 85% consent from the residents.
"I hope the residents asociations will comply with the new ruling,” he said.
Read more at https://www.thestar.com.my/metro/community/2017/03/31/zero-objection-requirement-for-new-gated-and-guarded-housing-applications-in-selangor/#isMCqU4KRHSHWCf2.99
METRO NEWS
Friday, 31 Mar 2017
By Elan Perumal
https://www.thestar.com.my/
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Below are other similar comments by Selangor residents pertaining to informal GnG schemes in Subang Jaya...
5 comments:
USJ 2 Resident said...
The law is there for a reason, MPSJ should just execute the law. Whether or not G&G is good or bad is not a decision for an individual or even a collection of individuals who work at MPSJ.
All G&G's should be torn down as they are illegal. Placating the dominant few who feel they are right in setting it up is biased. Who audits the validity of approvals that the RA can just easily claim but not easily defend.
The law is there, abide by it.
March 2, 2010 at 9:13 PM
Anonymous said...
Police reports have been made against the illegal blocking of public roads in USJ2, USJ4 Tudor etc but nothing has been done. Recently residents have even protested in front of TV cameras.
This madness to fence up, gate up and taking over of public roads by a few selfish residents has gone out of hands. Many people are angry with the DAP leaders for originally advocating this.
March 8, 2010 at 10:38 AM
Anonymous said...
commitee members are just out to make a fast buck. I am a resident of USJ2 but i don't know who are the committee members & also who elected them? Why must I support an action that is considered illegal. If Rajiv really want to be reappointed in future he must get MPSJ to stop the nonsence. How many residents are willing to accept a $600.00 increase in assessment pa. I am of the opinion that if all agree to an increase in assessment then MPSJ can afford to employ more enforcement officers to overtake security arrangents for subang jaya.having foreigners guarding the neighbourhood is not a solution & having committee members threatening residents who don't support them is extremely bad bad bad
March 11, 2010 at 9:53 PM
rajiv said...
You don't have to pay a single sen if you choose to. Please report incidents where the committee has harassed any resident into paying.
March 11, 2010 at 10:22 PM
USJ 2 Resident said...
Just because payment is optional, it doesn't mean that non-supporters of GnG must tolerate its over-zealous and vigilante neighbours.
MPSJ should abide and execute the law as it stands, personal opinions of its staff are irrelevant. Rajiv, it's obvious to me that you support GnG, otherwise USJ 2 would be barrier free by now.
Isn't there already sufficient evidence or at least doubts that the 85% minimum for support has not been achieved in USJ 2? How can MPSJ trust an RA and its claims? I've never been asked by anyone whether or not I support the GnG. Furthermore, the RA is set up solely for the GnG, obviously by its supporters. In fact, joining the RA requires you to pay an equivalent amount to what the GnG group is asking for. And yet, MPSJ listens to them just because they claim to speak on behalf of the community.
TV3 has covered this incident, residents have signed protests. What more do we need to do as it seems that MPSJ is blindly allowing GnG in USJ 2 just because its councillors stand by the idea?
The law is clear on the matter. I don't pay my assessments and my taxes to fund enforcers and councils to decide on which law to enact. If I as a Malaysian are bound by all laws, so is MPSJ. It really is as simple as that.
March 12, 2010 at 4:02 PM
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What your RA won't tell you :-
- That it is illegal to block public roads in residential areas (only allowed in private property /residences)
- That it is an offense for security guards to ask for I.C. or driving license even for recording purposes only (only allowed in strata or private GC residences)
- That auto access card system is prohibited and illegal (only legal in strata and/or formal GC residences)
- That they have no right to stop non-participating residents or any law-abiding citizens access
- That rightfully, they can only apply for a Guarded Neighbourhood GN scheme (classified as an Informal GC scheme)
- That they are required to put up a Notice Board containing all relevant information (please refer below guidelines by one of the local councils)
- If they have obtained all the necessary requirements & approvals from the relevant authorities
- That all their security guards have license and have undergone all checks, tests and other requirements from KDN
- How much money they are making every year from operating these schemes
- That they have their own personal selfish agendas to fulfill and are profit driven
- How lucrative is this industry and how easy it is for them to bs the residents
- That many residents have dropped/opted out of the scheme along the way and they no longer have enough consensus to operate
- That their GN scheme approval is actually on a temporary basis
- Not only is their scheme unlawful, it is also discouraged by the government and is actually against the National Unity Blueprint
- That there are other neighborhood watch schemes such as Rukun Tetangga, Skim Rondaan Sukarela SRS and Community Policing CP that don't cost any monthly fee at all.
- Yes... you can guess a few more (or you can read about them from the media)
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RAs can also start Kawasan Rukun Tetangga KRT instead of GnG if they are sincere...
Residents, please do not condone to any form of illegal gated community scheme or wrong doings by corrupt RAs.
For the many, not the few...
The Silent Majority
Residents, please do not condone to any form of illegal gated community scheme or wrong doings by corrupt RAs.
For the many, not the few...
The Silent Majority
