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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Many RAs have been flouting the laws and guidelines to implement GC scheme on their own. How they claimed to have obtained the approvals from the authorities is anyone's guess. Or perhaps they did not get the necessary approvals at all. Most of the time the requirements are not met.
Are these RAs corrupt or do they have their own agendas? Some of the RAs went ahead to implement GC schemes despite only obtaining approval for a GN scheme. Some don't even know what scheme they can or cannot apply.
Why are the residents so easily fooled and bullied by them? Is it because information on this is hard to obtain so no one really understands these things? So far, there isn't a "one-stop resource-center" on the internet for anyone to refer to... until now!
Know the differences between 'GATED COMMUNITY' (GC) ...and 'GUARDED NEIGHBOURHOOD' (GN) schemes in Malaysia?
Now let us go into the details. There are only 2 types of schemes available - Gated Community (GC) scheme ... and Guarded Neighbourhood (GN) scheme. A "Gated & Guarded" (GnG) Community scheme is basically a "Gated Community" (GC) scheme.
All "Strata" title developments will have to implement a "Gated Community" (GC) scheme to manage all its shared facilities, security and common areas under the Strata Title Act 2007. (An example here would be "Eco Ardence", which is also classified as a "private property" residence).
Normally, only Strata title developments (that comes with clubhouse, swimming pool, carpark and other shared facilities) which are categorized under "private property" can apply for a Gated Community (GC) scheme.
However, in a "non-strata" title development ("Individual" title) property/ residence, if the RA wants to implement a "Gated Community" (GC) scheme, then it has to apply from the Land Office to change its land status to "Strata" title first.
The implications here will be serious and detrimental to all its residents - all maintenance works (such as garbage collections, drains, roads, landscape, streetlights, etc) will stop, and no longer come under the responsibility of the local council.
These facilities and services will then have to be privately funded and managed by the RA as if it is a "private property". (Eg: All Sime Darby Bandar Bukit Raja double-storey link houses are categorized as "Individual" title properties. They are also categorized as under "public property"). Therefore, no Gated Community" (GC) scheme can be implemented legally.
In actual fact, all "Individual" title developments (e.g. 2 storey Bandar Bukit Raja) can only apply to implement a 'Guarded Neighbourhood' (GN) scheme via their RA obtaining the necessary consent and approvals from the Local Council and the District OCPD, to hire private guards to patrol their residence.
We hope that upon reading and digesting the contents here, you would be better informed and would make the right decisions for all your neighbours. Right now the residents concerned have very little awareness or knowledge on this issue. Know your rights. We have to put a stop to this unscrupulous practice right now.
Anyway, we are beginning to see that there are more residents who are rising up against this sort of scheme. They are beginning to realize and aware that this is nothing more than a money-making scam in the name of "neighbourhood security". There are more residents who are against these than you know.
Even though clear guidelines have been published by the relevant authorities, residents have been taken advantage of by unscrupulous residents associations (RA) some believed to be linked to syndicates. Providing "security services" seems to be very lucrative and easy money for these gangs.
The implementation of such schemes have been highly questionable including the laws and legality of it, getting enough consent and approval from the authorities, the monthly fees, the hiring of qualified licensed guards, using card access system which is prohibited, and the barring of non-paying residents from entering (harassing, bullying and coercing the non-paying residents into paying).
Residents were being told to set up their own RA to implement Gated Community (GC) or Guarded Neighbourhood (GN) scheme even before checking with their local police district OCPD (PDRM) on whether their residence sits on a "high crime zone".
This looks like a classic case of unscrupulous people trying to take advantage of the situation or trying to profit from people's lack of information/knowledge.
For those residents who feel insecure without having a gated & guarded community here, it is better that they move to a more exclusive "GnG" neighbourhood like Eco Ardence. They would feel much safer and secured in such private properties.
And for those who think that the non-paying residents are like "parasites", then those who consented to these illegal schemes in the first place, are like "the biggest tumour any cancer has ever seen".
Anyway, despite the ongoing schemes around the neighbourhood, crooks were still able to penetrate into the residences and break into houses. Stopping cars at the guardhouse won't prevent any thief (burglers or robbers) ...from sneaking in on foot or climbing over the fence from multiple compromised locations!
Anyways, if you happened to be one of the unfortunate residents whose house being broken into and things stolen, the RA is not going to compensate you one sen even though you subscribe to their scheme. (In insurance, if you pay the premium you get to claim). Is this fraud or what?
To all home owners/residents of landed properties (Non-Strata title), do not be fooled by your RA into joining any of the above mentioned schemes blindly. They cannot force it upon you.
The Registrar of Societies (RoS) should and must audit the accounts of the RAs that take in cash payments every month as the amount paid by each household to their RA far exceed the "Assessment Fees" and "Quit Rent" payable to their local councils!
The implementation and the hiring of "security services" are also highly questionable. Most of the rules and regulations provided by the Ministry of Home Affairs on the hiring of security guards by the RA are NOT followed. Also they hardly comply to the guidelines and circulars as required by the State Housing Board. Know your rights! Say no to unscrupulous residents associations (RA) and non-certified GC schemes at non-strata developments.
The Ministry of Home Affairs (MoHA) or Kementerian Dalam Negeri (KDN) should also investigate if the "private security guards" are licensed and hired according to the laws and regulations (SYARAT-SYARAT LESEN DI BAWAH SEKSYEN 3 AKTA NO. 27/71 UNTUK MENGURUS AGENSI PERSENDIRIAN KAWALAN).
In view of the multiple problems, complaints and the blatant breaking of laws, guidelines and regulations by the respective residents associations, we want the RAs to stop operating illegally with immediate effect. Instead, we want our Polis DiRaja Malaysia (PDRM) back. It's time to leave these security matters back to our local police to do their jobs.
To all other home owners/residents of Bandar Bukit Raja, please DO NOT be fooled by your RA into joining the scheme as this entire development is NOT categorised as a "Gated and Guarded Community" by both the developer and the local council. Do not subscribe to illegal non-certified GC schemes!
Now let us go into the details. There are only 2 types of schemes available - Gated Community (GC) scheme ... and Guarded Neighbourhood (GN) scheme. A "Gated & Guarded" (GnG) Community scheme is basically a "Gated Community" (GC) scheme.
All "Strata" title developments will have to implement a "Gated Community" (GC) scheme to manage all its shared facilities, security and common areas under the Strata Title Act 2007. (An example here would be "Eco Ardence", which is also classified as a "private property" residence).
Normally, only Strata title developments (that comes with clubhouse, swimming pool, carpark and other shared facilities) which are categorized under "private property" can apply for a Gated Community (GC) scheme.
However, in a "non-strata" title development ("Individual" title) property/ residence, if the RA wants to implement a "Gated Community" (GC) scheme, then it has to apply from the Land Office to change its land status to "Strata" title first.
The implications here will be serious and detrimental to all its residents - all maintenance works (such as garbage collections, drains, roads, landscape, streetlights, etc) will stop, and no longer come under the responsibility of the local council.
These facilities and services will then have to be privately funded and managed by the RA as if it is a "private property". (Eg: All Sime Darby Bandar Bukit Raja double-storey link houses are categorized as "Individual" title properties. They are also categorized as under "public property"). Therefore, no Gated Community" (GC) scheme can be implemented legally.
In actual fact, all "Individual" title developments (e.g. 2 storey Bandar Bukit Raja) can only apply to implement a 'Guarded Neighbourhood' (GN) scheme via their RA obtaining the necessary consent and approvals from the Local Council and the District OCPD, to hire private guards to patrol their residence.
We hope that upon reading and digesting the contents here, you would be better informed and would make the right decisions for all your neighbours. Right now the residents concerned have very little awareness or knowledge on this issue. Know your rights. We have to put a stop to this unscrupulous practice right now.
Anyway, we are beginning to see that there are more residents who are rising up against this sort of scheme. They are beginning to realize and aware that this is nothing more than a money-making scam in the name of "neighbourhood security". There are more residents who are against these than you know.
Even though clear guidelines have been published by the relevant authorities, residents have been taken advantage of by unscrupulous residents associations (RA) some believed to be linked to syndicates. Providing "security services" seems to be very lucrative and easy money for these gangs.
The implementation of such schemes have been highly questionable including the laws and legality of it, getting enough consent and approval from the authorities, the monthly fees, the hiring of qualified licensed guards, using card access system which is prohibited, and the barring of non-paying residents from entering (harassing, bullying and coercing the non-paying residents into paying).
Residents were being told to set up their own RA to implement Gated Community (GC) or Guarded Neighbourhood (GN) scheme even before checking with their local police district OCPD (PDRM) on whether their residence sits on a "high crime zone".
This looks like a classic case of unscrupulous people trying to take advantage of the situation or trying to profit from people's lack of information/knowledge.
For those residents who feel insecure without having a gated & guarded community here, it is better that they move to a more exclusive "GnG" neighbourhood like Eco Ardence. They would feel much safer and secured in such private properties.
And for those who think that the non-paying residents are like "parasites", then those who consented to these illegal schemes in the first place, are like "the biggest tumour any cancer has ever seen".
Anyway, despite the ongoing schemes around the neighbourhood, crooks were still able to penetrate into the residences and break into houses. Stopping cars at the guardhouse won't prevent any thief (burglers or robbers) ...from sneaking in on foot or climbing over the fence from multiple compromised locations!
Anyways, if you happened to be one of the unfortunate residents whose house being broken into and things stolen, the RA is not going to compensate you one sen even though you subscribe to their scheme. (In insurance, if you pay the premium you get to claim). Is this fraud or what?
To all home owners/residents of landed properties (Non-Strata title), do not be fooled by your RA into joining any of the above mentioned schemes blindly. They cannot force it upon you.
The Registrar of Societies (RoS) should and must audit the accounts of the RAs that take in cash payments every month as the amount paid by each household to their RA far exceed the "Assessment Fees" and "Quit Rent" payable to their local councils!
The implementation and the hiring of "security services" are also highly questionable. Most of the rules and regulations provided by the Ministry of Home Affairs on the hiring of security guards by the RA are NOT followed. Also they hardly comply to the guidelines and circulars as required by the State Housing Board. Know your rights! Say no to unscrupulous residents associations (RA) and non-certified GC schemes at non-strata developments.
The Ministry of Home Affairs (MoHA) or Kementerian Dalam Negeri (KDN) should also investigate if the "private security guards" are licensed and hired according to the laws and regulations (SYARAT-SYARAT LESEN DI BAWAH SEKSYEN 3 AKTA NO. 27/71 UNTUK MENGURUS AGENSI PERSENDIRIAN KAWALAN).
In view of the multiple problems, complaints and the blatant breaking of laws, guidelines and regulations by the respective residents associations, we want the RAs to stop operating illegally with immediate effect. Instead, we want our Polis DiRaja Malaysia (PDRM) back. It's time to leave these security matters back to our local police to do their jobs.
To all other home owners/residents of Bandar Bukit Raja, please DO NOT be fooled by your RA into joining the scheme as this entire development is NOT categorised as a "Gated and Guarded Community" by both the developer and the local council. Do not subscribe to illegal non-certified GC schemes!
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