Usually, the premises are surrounded by walls or fences on a perimeter with the entry of the premises controlled by certain security restrictions such as security guards, boom gates or barriers which normally includes 24 hours security, guard patrols, central monitoring systems and CCTVs. The Strata Titles (Amendment) Act 2007 has allowed a gated and guarded community to be statutorily created and regulated more effectively like other types of strata schemes.
On the other hand, a guarded community refers to a community via their Resident Association (RA) that (after obtaining the consensus from the local Authority and the relevant Officer in Command Police District, OCPD) has engaged private security patrolling public the roads in their housing area. Under the law, it is not allowed to privately attempt to close, barricade or restrict the access of a public road, drain or space without the approval of the relevant Authority.
In recognition of a growing problem of security, various local authorities and state governments have issued guidelines for guarded communities. These guidelines do allow erection of guard houses and the employment of private security based on 85% consent by the residents in the area affected. For example, in Selangor, the Selangor Housing and Property Board and the local authorities allow guard houses to be built on the following guidelines:
Applications made through RA only;
Consent by 85% of the residents;
Agreement must be made between RA and Local Authority;
Guard house without barrier are allowed and the location should not obstruct traffic (situated at road shoulder only);
The size of the guard house should not exceed 6ft x 8ft or other sizes that the Local Authority thinks fit and suitable;
The location and design of the guard house must be approved by the Local Authority;
A written consent from Local Authority and Land Administrator (LA) for the construction of guard house on reserved road/vacant land must first be obtained;
Appointed security guards must be registered with Ministry of Home Affairs or with other relevant agencies;
Not to prevent/obstruct passing vehicles from entering the guarded area; and
LA and other utility companies are free to conduct their maintenance work in the guarded area.
Source:
http://realpropertyinmalaysia.blogspot.com/
