Gated and Guarded (GnG) Community Schemes in Malaysia (Formal or Informal)?: Legally speaking

Can security guards ask for your MyKad or Driving License (even just for recording purposes only)?

There are 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.

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 people should know the differences.

Due to the lack of awareness by the public, the RAs have been taking advantage of the situation to coerce residents to sign up their bogus scheme by flouting the guidelines and breaking the laws.

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 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.

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)

However, all formal gated communities 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.

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 (and even so, they have no right to retain your MyKad or driving license (and even so, they have no right to retain/hold your MyKad or driving license - Regulation 8A).

This is as clear as it can get... hope this helps!

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