What the Local Councils initially approved for Guarded Neighbourhood schemes now have become illegal Gated Communities. How?
It is because unscrupulous RAs have gone against the Council's guidelines, flouting laws to implement their own version of the scheme in non-private residences.
Corrupt RAs have turned these guarded schemes to illegal gated communities by implementing prohibited procedures such as blocking public roads, guards asking the public for ID (such as Driver's License) and some even using auto access card system. Some are also prone to hiring unlicensed security guards. Now, this is the problem!
The above procedures introduced by the RAs are clearly against the laws in normal terrace houses residences under the jurisdiction of local councils. This type of informal gated communities run by RAs are illegal, divisive, a hindrance to the community and a nuisance in today's society.
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This website is created for those who wish to understand a bit more on the subject of Gated and Guarded (GnG) schemes in Malaysia. This website compiles all the related information, guidelines and articles on:
- Gated Community (GC) scheme - for strata title residences or exclusive (private) properties. Usually comes with private facilities such as swimming pool, clubhouse, gym, etc. including infrastructures that are managed by management corporation MC or joint management body JMB. This scheme is compulsory and all homeowners will be made to sign a DMC agreement. Those who don't pay the maintenance fee will be taken to court.
- Guarded Neighborhood (GN) scheme - for individual title (non-private) housing estates. Usually the RA will apply from the local council for approval if they have sufficient consent from the residents. However, the approval comes with many conditions and guidelines. This scheme is voluntary and cannot be forced upon anyone. Residents who did not join or did not pay 'security fees' cannot be discriminated.
However, there are many so-called "Gated Communities" which in fact are not legal gated communities at all. These are identified as "informal gated communities". (These schemes are in fact guarded neighborhood schemes only). Many of these schemes which are operated by RAs are actually flouting laws /guidelines, and have been causing a lot of problems for the communities such as:
- Illegally blocking roads that do not belong to them
- Security guards stopping the communities and vehicles from moving in/out
- Security guards asking for people's identification such as MyKad or Driver's License
- Illegally implementing auto gate with access card system for the neighborhood.
Although clear guidelines have been given by the local council, corrupt RAs still flout the laws and guidelines. As a result, this has become a nuisance and a hindrance to many. It is also divisive and has caused the communities a lot of grievances and disharmony.
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 shouldn't be mixed up. There is a big difference between "formal" gated communities and "informal" gated communities...
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.
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.
The implementation and usage of auto access card system at these informal gated communities are also prohibited and illegal.
On the other hand, "formal gated communities" are managed either by management corporations (MC) or joint management body (JMB) in strata-titled residences (private properties). These are legal GnG schemes protected and bound by the Strata Title Act 1985 and the Strata Management Act 2013.
All strata-titled residences will have to implement a Gated Community (GC) scheme to privately manage all its shared facilities, such as car parks, maintenance, security, landscaping, garbage disposal and common areas under the Strata Title Act and Strata Management Act. (eg: Eco Park and Eco Ardence).
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.
And only formal gated communities (strata or private properties) can legally block roads and implement auto access card system for their residents.
Currently 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 irresponsible 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.
It is obvious certain group of people with personal agendas are taking the opportunity to enrich themselves in the name of providing "neighborhood security".
No private infrastructures to build and maintain, and no amenities /facilities to offer, but the RA still wants to operate a GnG scheme by hiring private security guards which the majority of the community do not want.
It is also a cost the majority of residents do not wish to sustain or maintain. They also don't see the effectiveness or the need for it. Many are against it for other reasons.
One simple way to know if your residence is a formal gated community or not is... if your residence does not have any private facilities to maintain such as swimming pool, gym and clubhouse, then it is not a formal gated community.
Another way to know is... if your residence's amenities such as garbage collection, streetlights and grass cutting are maintained by the local municipal council, then your residence is not a formal gated community.
Say "No" to corrupt RAs that flout the guidelines or break the laws. Do not let them bully the residents and the surrounding communities.
Neighborhood security is beyond the capability of any RA as this responsibility lies with the federal and state governments. Let the authorities do their job.
If the RA is sincere in wanting to promote neighborhood security, they can also activate Skim Rondaan Sukarela under Komuniti Rukun Tetangga, whereby the local police PDRM are involved together with the local community.
Support KRT not GnG, as the latter scheme is divisive and not in line with our National Unity Blueprint 2021-2030 or Keluarga Malaysia concept. Komuniti Rukun Tetangga and Skim Rondaan Sukarela is being promoted by the government to promote harmony and unity in the communities.
Please share this information with others...
Malaysia Prihatin dan
Kita Jaga Kita
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"Kedua-dua jenis komuniti ini harus dibezakan..."
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Kepada semua RA yang melaksanakan skim kawalan perumahan informal di Klang... sila rujuk kepada garis panduan MPK seperti tertera di bawah:
1). Tidak dibenarkan menghalang kenderaan keluar/masuk ke kawasan berkenaan.
2). Penghuni yang tidak menyertai skim ini tidak boleh dihalang sama sekali memasuki kediaman mereka pada bila-bila masa.
3). Penggunaan kad akses (automatic) dilarang sama sekali.
*Sumber: MPK (Terima kasih & Penghargaan kpd MPK!)
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AskLegal.my
by Denise C
https://asklegal.my/p/neighbourhood-security-guards-registration-block-roads-malaysia
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RAs Taking Matters Into Their Own Hands Flouting The Laws
Many so-called gated communities (GC) are in fact, not exclusively gated, as the common areas such as internal roads and vacant land within the residence do not belong to the residents.
Among the confusion of certified GnG (Gated & Guarded), GC (Gated Community) in strata properties and GN (Guarded Neighbourhood) in non-strata properties, the central feature of GCs is the social and legal frameworks which form the constitutional conditions under which residents subscribe to access and occupation of these developments, in combination with the physical feature which make them so conspicuous.
Legally speaking, outsiders who are not living there can still demand access into the residences under the provisions of various Acts and Laws such as under the Road Transport Act.
Security is a complex and costly matter. Communities who have invested heavily in their neighbourhood security such as RFID card based entries and exits are just to make you feel like you are in office, even though you are at home. (That was sarcasm by the way, in case you didn’t get it). Then there are Boom Barriers (or boom gates), just to give you the feel of the Toll plaza. (Again, sarcasm here.)
Data has suggested that gated communities’ rights and responsibilities are, by and large confined to legalities rather than extending to a commitment to enhance social networks either within the development or in the adjacent wider community exacerbating the effect of physical and social barriers between residents within and the wider communities.
Gated communities appear to provide an extreme example of more common attempts to insulate against perceived risks and unwanted encounters. The time-space trajectories of residents suggest a dynamic pattern of separation that goes beyond the place of residence.
Gated Community further extend contemporary segregatory tendencies, and that policy responses are required that will curtail the creation of such havens of social withdrawal. Many of us don’t even bother to get to know our neighbours, so what is the big deal living in a gated community?
Gated communities serve no purpose unless “100% prison or military-like” process of identification and registration is adhered to and monitored 24/7, and without prejudice and favour to any particular group of people.
It is a sad reflection of society that we think we need gated communities to improve security. Nobody likes gated residential areas as they cause a lot of inconveniences when visiting relatives and friends living in those areas, as you need to present your IC and wait for the registration process, etc.
It’s still okay to go through such registration process provided those are certified Gated and Guarded (GC) private strata properties, as you have no choice here.
However, as for those non-strata properties/residences that have implemented their own GC schemes via their RA, it is not acceptable at all, as these terrace houses (link-houses) are under individual titles and classified as public property, not private.
These non-strata gated communities by unscrupulous RAs have blatantly flouted all the local guidelines and laws - and they are the main problem now. They are the ones to be blamed for residents' bickering, unhappiness, and segregation.
Another con is that most if not all boards (RA committees) go bad as far as they and their friends are above the rules. It is very easy for the board (RA) president to skim money from the padded bill and countless other ways to steal.
Living in a gated community means signing up to a legal framework which allows the extraction of monies to help pay for maintenance of common-buildings, common services, such as rubbish collection, and other revenue costs such as paying staff to clean or secure the neighbourhood.
Another con is that most if not all boards (RA committees) go bad as far as they and their friends are above the rules. It is very easy for the board (RA) president to skim money from the padded bill and countless other ways to steal.
Living in a gated community means signing up to a legal framework which allows the extraction of monies to help pay for maintenance of common-buildings, common services, such as rubbish collection, and other revenue costs such as paying staff to clean or secure the neighbourhood.
Many do not believe in gated communities. Why does the work of the police, who are entrusted to uphold security and safety, need to be done by others, and the people have to pay for them? Besides, even with GnG, there are still thefts, break-ins and other crimes happening.
Many people do not like to be asked so many personal questions and they do not like to leave their personal details with private security guards (some of which looks more like gangsters than guards), especially when at times they are in a hurry. Friends and relatives also prefer not to visit anymore, due to this troublesome inconvenience at the guardhouse.
GnG, all forms of Gated Communities (GC) and Guarded Neighbourhood (GN) must be government-controlled so that unscrupulous parties cannot take matters into their own hands and implement as they like. This is also to avoid them taking advantage of the situation in reaping in profits and burdening the rakyat.
The government needs to step in to make every district safe via the police force or some security arrangement. Citizens should not need to pay additional amounts for the security of their homes and families.
The people should not have to worry and leave their homes and families to “work out” the security and safety issues of their neighbourhood.
The laws must be followed through - police must carry out their responsibilities accordingly and law breakers must be punished.
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Back in 2007, a circular by the *Ministry of Home Affairs (MOHA), addressed this issue, in regards to the guidelines for identification of visitors entering premises such as condominiums, residential areas, and fenced communities nationwide (that are under "private property"). *Btw, it is illegal to ask for identification of visitors entering "public property" including informal GnG. (An informal GnG residence is not a "private property").
It was stated that only a registration officer, police officer, customs officer, military officer or other officers authorised by the National Registration Department (JPN) director-general, can conduct checks on the identity of a person and request for identification, in accordance with Rule 7 of the National Registration Regulation 1990.
Additionally, National Registration Act 1959 (Act 78) and the National Registration Regulations 1990 (Amendment 2007), under Regulation 8, states that only an authorised personnel may require visitors to show them their MyKad for identity verification. *(Fyi, a private security guard is not an authorised personnel from the government)
In fact, a person who unlawfully keeps another person's MyKad can be charged under Regulation 25 of the National Registration Act.
Despite it being completely illegal, some people still give in to these requests for sensitive, important documents such as MyKad
It is argued that it will be difficult to get things done if a visitor refuses to give a personal document as they will not be allowed to pass through the security check point and get to their desired destination.
Many others have voiced their objection to this practice, only to hear from the security personnel, saying that they are "only doing their job" and that there was no way to win the argument.
Eventually, people comply just because they "do not want any trouble" or to complicate things.
The practice of handing out an identification document to security guards is illegal and it poses the risk of forgery or misuse. For those who think that it's a good security measure, it is not. It is not foolproof as there were many cases whereby gangs and criminals use forged or stolen identity cards to target the GnG communities.
It was stated that only a registration officer, police officer, customs officer, military officer or other officers authorised by the National Registration Department (JPN) director-general, can conduct checks on the identity of a person and request for identification, in accordance with Rule 7 of the National Registration Regulation 1990.
Additionally, National Registration Act 1959 (Act 78) and the National Registration Regulations 1990 (Amendment 2007), under Regulation 8, states that only an authorised personnel may require visitors to show them their MyKad for identity verification. *(Fyi, a private security guard is not an authorised personnel from the government)
In fact, a person who unlawfully keeps another person's MyKad can be charged under Regulation 25 of the National Registration Act.
Despite it being completely illegal, some people still give in to these requests for sensitive, important documents such as MyKad
It is argued that it will be difficult to get things done if a visitor refuses to give a personal document as they will not be allowed to pass through the security check point and get to their desired destination.
Many others have voiced their objection to this practice, only to hear from the security personnel, saying that they are "only doing their job" and that there was no way to win the argument.
Eventually, people comply just because they "do not want any trouble" or to complicate things.
The practice of handing out an identification document to security guards is illegal and it poses the risk of forgery or misuse. For those who think that it's a good security measure, it is not. It is not foolproof as there were many cases whereby gangs and criminals use forged or stolen identity cards to target the GnG communities.
Licensed security guards on duty at "formal gated communities" have the right to ask visitors for identification.
However, security guards at "informal gated communities" do not. In the first place they have no right to block anyone from access to any "public property" residences.
Recently, the residents associations (RAs) in Shah Alam are being subjected to the guidelines by the Shah Alam City Council (MBSA) for gated-and-guarded (G&G) scheme. The Star Online reported that the guidelines were amended to streamline the process and avoid confusion.
Here are some of the highlights of the new guidelines:
1. RAs must get consent from residents (100% approval) to set up automated gates and the access card system.
2. Security guards are not allowed to stop anyone from moving in or out of public residences.
3. Security guards are not allowed to ask for anyone's MyKad or even take a photograph of it at informal gated communities (public property or individual title residence).
Recently, the residents associations (RAs) in Shah Alam are being subjected to the guidelines by the Shah Alam City Council (MBSA) for gated-and-guarded (G&G) scheme. The Star Online reported that the guidelines were amended to streamline the process and avoid confusion.
Here are some of the highlights of the new guidelines:
1. RAs must get consent from residents (100% approval) to set up automated gates and the access card system.
2. Security guards are not allowed to stop anyone from moving in or out of public residences.
3. Security guards are not allowed to ask for anyone's MyKad or even take a photograph of it at informal gated communities (public property or individual title residence).
4. Security guards on duty are allowed to record details of any visitor's MyKad or driving licence only at formal gated and guarded community (private property or strata residence).
A citizen residing in Petaling Jaya wrote in an open letter that was published on The Star, saying that other local city councils such as Petaling Jaya City Council (MBPJ) should take heed and emulate MBSA's efforts in tackling this tricky issue.
The writer said that the current landscape and process at G&G housing areas has made it extremely tedious for non-residents to move around the surrounding neighbourhoods.
It was said that the new stipulations, aimed at establishing orderliness and greater security and convenience for residents and visitors, are welcomed in a step forward towards the development of the country.
"I am sure this may have annoyed some but there must be the rule of law and the MBSA puts it quite clearly what must be complied with."
"I ask those wanting their neighbourhood gated and guarded, how they would feel when they are being asked for their identity card or stopped when visiting another housing area?"
Source: says.com/lifestyle
Original article by: Tang Ruxyn
A citizen residing in Petaling Jaya wrote in an open letter that was published on The Star, saying that other local city councils such as Petaling Jaya City Council (MBPJ) should take heed and emulate MBSA's efforts in tackling this tricky issue.
The writer said that the current landscape and process at G&G housing areas has made it extremely tedious for non-residents to move around the surrounding neighbourhoods.
It was said that the new stipulations, aimed at establishing orderliness and greater security and convenience for residents and visitors, are welcomed in a step forward towards the development of the country.
"I am sure this may have annoyed some but there must be the rule of law and the MBSA puts it quite clearly what must be complied with."
"I ask those wanting their neighbourhood gated and guarded, how they would feel when they are being asked for their identity card or stopped when visiting another housing area?"
Source: says.com/lifestyle
Original article by: Tang Ruxyn
