What the Local Council (e.g. MBSA) initially approved for Guarded Neighbourhood schemes here now have become illegal Gated Communities. How?
It is because corrupt RAs have gone against the Council's guidelines, flouting laws to implement their own version of the scheme such as putting up barb wires, razor wires and using access card system without sufficient consent or approval.
Currently, corrupt RAs are taking advantage of the massive confusion in the Gated and Guarded Community schemes to operate whatever schemes they want whichever way they want without any regards for the laws and the rights of others.
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 divisive, a hindrance to the community and a nuisance in today's society.
Some say this type of illegal "GnG" only benefits the black market or syndicates - profiteering under the guise of providing neighbourhood security.
And since when is the RA allowed to implement auto access card system in a guarded neighbourhood scheme without sufficient consent and approval? Why did the RAs implemented it despite illegal to do so? This is not a legal gated community (this is only a guarded neighbourhood).
Even though this has been spelled out clearly in the guidelines, unscrupulous RAs still blatantly disregarded it. Is there an element of corruption along the process, or the RA simply think that they can do whatever they want?
So what happens if all the RAs and all the residences start to put up barb wires on their own? And what happens if the Municipal Councils do not take any actions on them?
It's time we all reset the system. Let's do away with corruption, abuse of power and respect the Rule-of-Law. 'Little Napoleons' have no place in our society.
Is it legal or is it illegal? It's time we all reset the system. Let's do away with corruption, abuse of power and respect the Rule-of-Law. 'Little Napoleons' have no place in our society.
We all (RAs, Municipal Councils and residents) should standardize and follow the guidelines set by the Town and Country Planning Dept (PlanMalaysia, JPBD KPKT, Malaysia).
At the same time, the respective Municipal Council must enforce the guidelines proactively and take action on RAs that don't comply. Not wait until reports /complaints being lodged. ("Authorities will turn a blind eye as long as no official complaints received" - is not acceptable anymore) !!
Due to the lack of enforcement by the authorities, it's no longer just guarded neighbourhoods but have become illegal gated communities.
Some key points to note... (pls see below)
*(Terima kasih & Penghargaan kpd Plan Malaysia - Jabatan Perancangan Bandar dan Desa, KPKT Malaysia)
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Dear Residents of Informal GnG,
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.
Your chairman is a conman when he blocks public roads and then start collecting monthly security fees 'toll' from the community, in the name of neighborhood security.
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 the type of scheme that they are only allowed to operate is a guarded neighborhood scheme, not a gated community scheme.
Your chairman is a conman when he failed to inform the residents on the differences between a guarded neighborhood scheme vs. a gated community scheme.
Your chairman is a conman when he failed to inform the residents on 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 a guarded neighborhood scheme as if it is a proper gated community scheme. Both schemes are very different, one is legal but the other is actually illegal. (Comparing an illegal scheme to a formal GC scheme is like comparing an apple to a pineapple).
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 laws.
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 or access card does not give RA the right to stop and check anyone - 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 and approval. Your chairman is a conman when he put up prohibited obstructions such as razor wire or barb wire on the ground haphazardly.
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 to register at the guardhouse every time; it is also unlawful to stop the surrounding communities 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.
Your chairman is a conman when he does not uphold "the rule of law", has selfish agendas, and he imposes his beliefs, values and preferences on others.
Your chairman is a conman when he hires security guards without the proper license and requirements by KDN.
Your chairman is a conman when he indirectly forced the community to subscribe to his illegal scheme. Your chairman is a conman when he implements the scheme without sufficient consent and without any objections.
Your chairman is a conman when he doesn't organize the yearly AGM for the residents and does no other community work for the community except for his GnG scam.
Your chairman is a conman when he never considers Rukun Tetangga scheme as another option for the community. (He is not interested in KRT because it is FOC for the community - he can't make money from it.)
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.
Why the people don't see it even though this is so obvious... is mind boggling. Those who still condone to this sort of selfish GnG scam still need a bit of enlightenment. Perhaps they need more time...
For the many, not the few!!
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MBSA GUIDELINES - explained in more details:
BLOCKING RESIDENTS AND THE SURROUNDING COMMUNITY FROM MOVING IN AND OUT IS UNLAWFUL AND ILLEGAL.
RESIDENTS ASSOCIATION (RA) DO NOT HAVE THE RIGHT TO ASK ANYONE FOR HIS/HER ID FOR ENTERING A NON-PRIVATE RESIDENCE
(Guards asking from the public for MyKad/ Lesen Memandu is an offence and reportable to PDRM).
USING ACCESS CARD SYSTEM IS ILLEGAL UNLESS 100% CONSENT IS OBTAINED
(Fyi, majority of RAs do not even have official 50% consent from the residents; Only strata residences will be able to obtain 100% consent through DMC).
Pls refer to more MBSA guidelines as highlighted below:
*Scheme approval is on a temporary basis and up to a max of 3 calendar years; Upon the expiry date, a new application must be submitted after obtaining the required consent from the residents again; A 100% consent from residents is needed for implementing any auto gate with access card system; The scheme cannot be forced upon the residents (no coercing of participation).
*Auto gate with access card system is not allowed (usage prohibited unless there is 100% residents participation).
*Not allowed to block/close any roads (vehicles cannot be blocked from moving in/out); Non-participating residents, including the public cannot be obstructed from access to the residence at all times.
*Security guards cannot obstruct any vehicles from moving in/out of the residence at all times; They are not allowed to ask/check any resident's or visitor's identification document; They are also not allowed to scan or take a picture of it for any purpose.
*List of names (security guards) for KDN's vetting and approval to be provided; Timetable and the no of persons on duty by shifts to be provided for MBSA's record; Approval period is for 3 calendar years.
*All details of the RA (residents association) including contact details, names of committee members, approvals references, dates of approvals, security guard shifts details, MBSA ref no./dates, ref no approvals from the Land Office, must be stated on the notice board.
*(Sumber: Garis Panduan Skim Komuniti Berpengawal terbitan MBSA; Terimakasih & Penghargaan kpd MBSA)
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We hope the new KPKT minister will address poor local govt policies and enforcement on informal or illegal GnG schemes
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 have gone further by implementing auto access card system for the neighbourhood that majority of the residents do not want. 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 divisive, a hindrance to the community and a nuisance in today's society.
Some say this type of illegal "GnG" only benefits the black market or syndicates - profiteering under the guise of providing neighbourhood security.
We hope the new government will implement new housing policies that are inclusive, harmonious and in line with our National Unity Blueprint.
It's also time to tackle the proliferation of illegal gated community schemes that are plaguing the country and causing so much problems for the communities. The government must put a stop to informal gated communities in non-private properties (operated by RAs) that are breaking multiple laws.
The rights of all law-abiding citizens must be respected. (Haksaksama dan Kesejahteraan Komuniti). Informal or illegal gated community schemes are divisive and a hindrance in today's society.
We need new policies that prevent certain quarters from taking advantage for their own selfish agenda and duping residents into signing up and paying "security" fee every month. (The govt must always try to help the communities on the costs of living and to eradicate "black economy").
What the majority of residents wanted initially... now have become the minority (continue to pay monthly "security fee" for as long as they are living here).
To ensure that such schemes are operated within guidelines with sufficient consent and based on what the majority of the residents truly want, we hope the following new amendments will be included into the requirements by the Local/ Municipal Councils before approvals are given:
- Fresh new written consents from the residents must be obtained up-to-date yearly and officially, and not only once during the initial application by the RA. It must reflect the current consents given by the residents every year, and not based on incorrect outdated consents given years ago. (This is because majority of the residents do not know what they were getting into at the beginning or were misguided. Also many residents prefer to drop-off the scheme along the way; some have moved out; and some do not want the scheme later on for obvious reasons after being coerced earlier on without any knowledge on the matter.
- A booklet containing all the relevant information on Guarded Neighbourhood schemes and KRT (Kawasan Rukun Tetangga with Skim Rondaan Sukarela (SRS) or Voluntary Patrol Schemes should be published and made available to all the residents before deciding whether they agree on what to sign up or not. The information should include the legality of the schemes, any related laws and acts (eg: Akta JPJ, Akta JPBD, etc.), the guidelines from the municipal council, what the RA and security guards can and cannot do, what is allowed, what is illegal, the rules, regulations, requirements, etc.
- Other information on the different types of properties such as strata vs private vs non-private, explaining the basic differences between them; management corporation vs joint management body vs residents association; KRT vs GnG schemes, Rukun Tetangga Act, input from Jabatan Perancangan Bandar dan Desa (JPBD), and the recommendation from PDRM, etc.
- Other information explaining the differences in the various gated and guarded schemes available in the country (gated community scheme vs guarded neighbourhood scheme); etc.
- Approval requirements, enforcement, implementation of scheme, etc.
Landed property developers should also review their policies, ethics and marketing strategies with regard to this matter. Property developers must be clear on their business definition and target market.
They must not help facilitate the proliferation of informal gated communities as this is not in line with the national unity blueprint for the country. Are they sure this is a healthy trend or just a trend started by certain quarters?
It is time property developers work with the Ministry of Unity and the Local Housing Ministry to safeguard the harmony and well-being of the community in general. Illegal gated communities are a hindrance in today's society. If we allow such divisive schemes to continue and flourish, we can forget about achieving a united society.
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Semua Persatuan Penduduk digesa tubuhkan Kawasan Rukun Tetangga KRT dan Skim Rondaan Sukarela SRS untuk menggantikan skim berpagar yang tidak formal. Skim berpagar hanya dibenarkan di kediaman atau taman perumahan persendirian /strata sahaja.
"Skim Komuniti Berpagar Informal yang semakin berleluasa di negara ini merupakan industri gelap atau "black economy" yang dapat menjana banyak keuntungan kepada sindiket gelap yang juga menggunakan perkhidmatan pengawal keselamatan daripada kongsi gelap."
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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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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)
To all RAs /residents, please note the differences:
So far, RAs in public property residences do not (or almost never) adhere to the laws and guidelines when it comes to operating their GN scheme. This is wrong as both schemes are very different. They still implement what are allowed in a GC scheme despite their application /approval is only for a GN scheme. Residents and communities have been duped into their scheme and scam.
Actually the silent majority of the communities here are fed up with unethical and corrupt practices by unscrupulous RAs operating informal GC schemes that are breaking the laws.
If the RAs are sincere in wanting to raise and increase awareness on neighbourhood watch /security, they can also activate Komuniti Rukun Tetangga (KRT) together with Skim Rondaan Sukarela (SRS) which is supported by PDRM and as promoted by the government instead.
It's time the government only allow formal gated communities (GC) in private (or strata) properties. No more informal "GC" schemes by RAs in all non-private property residences. Stop the disharmony and the disunity in all our neighborhoods.
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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
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.
Skim komuniti berpagar jenis "formal" dan jenis "tidak formal" adalah tidak sama. Pelaksanaan kedua-dua jenis skim komuniti ini harus dibezakan. Komuniti berpagar formal adalah skim yang lebih senang diurus kerana ia adalah sejenis skim perumahan swasta yang memiliki hakmilik stratanya sendiri.
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."
(Terimakasih & Penghargaan kpd KDN)
http://www.moha.gov.my/images/maklumat_perkhidmatan/pekeliling_agensi_persendirian/pekeliling_4.pdf
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"Both the GnG schemes must be differentiated as they are not the same..."
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Drug traffickers are using houses within GnG and security personnel to store their "merchandise"
Cops are calling for more voluntary patrol schemes (Kawasan Rukun Tetangga - Skim Rondaan Sukarela SRS)... not illegal gated communities!
Please note that only SRS members under KRT (Skim Rondaan Sukarela under the Rukun Tetangga Act 2012) were empowered to stop and check individuals and vehicles entering their areas.
Fyi, your RA's security guards were not empowered to do so.
Now, majority of residents want to implement Kawasan Rukun Tetangga (KRT) in their neighbourhood, not informal gated community !!
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If your residence is not a legal gated community, don't go and start an illegal one
RAs can also start Kawasan Rukun Tetangga KRT instead of GnG if they are sincere...
KRT through Skim Rondaan Sukarela is free, supported by PDRM and endorsed by the government.
Residents, please do not condone to any form of illegal gated community scheme or wrong doings by corrupt RAs.
Residents, please do not condone to any form of illegal gated community scheme or wrong doings by corrupt RAs.
Even though there is no law that says you cannot hire guards to patrol your own neighborhood, you cannot stop the communities from moving in and out freely. It is also an offence to ask people for ID. After all, this is not private property.
For the many, not the few...
The Silent Majority
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Kepada semua RA yang melaksanakan skim kawalan perumahan informal di Shah Alam... sila ambil maklum
*Penggunaan kad akses automatik adalah dilarang...
*Penghuni yang tidak menyertai skim serta orang awam tidak boleh dihalang sama sekali pada bila-bila masa...
*Papantanda permohonan perlu dipasang bagi tujuan pemberitahuan dan hebahan terlebih dahulu...
*Contoh Papan Tanda Pemberitahuan Permohonan Skim yg perlu dipasang:
*Pengawal keselamatan TIDAK BOLEH menghalang mana-mana kenderaan untuk keluar masuk, dan TIDAK DIBENARKAN memeriksa atau mengimbas sebarang dokumen pengenalan...
*Pelantikan pengawal keselamatan wajib mematuhi Akta Agensi Persendirian 1971 & keperluan KDN. Pengawal keselamatan mestilah berlesen dan wajib memakai uniform kelulusan KDN. Senarai nama pengawal yang memiliki kelulusan KDN serta maklumat bilangan pengawal keselamatan dan shif kerja hendaklah dikemukakan untuk tujuan rekod Majlis.
*Pemasangan papantanda mengikut spesifikasi yang ditetapkan oleh Majlis mestilah mengandungi semua maklumat asas persatuan penduduk dan skim seperti yang tertera...
*Contoh ilustrasi papantanda adalah seperti di bawah...
*(Sumber: Dipetik drp Garis Panduan Skim Komuniti Berpengawal terbitan MBSA; Terimakasih & Penghargaan kpd MBSA)
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Here is Another Reason Why We Don't Subscribe To Informal "GnG" Schemes (pls see below):
Only Komuniti Rukun Tetangga (KRT) together with Skim Rondaan Sukarela (SRS) that are backed by PDRM, are genuine neighbourhood watch schemes endorsed by the Government of Malaysia. Do not fall prey to syndicates and unscrupulous RAs.
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