"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 ask visitors for MyKad or Driving License. Hope this is clear.
The above tough ruling by the authorities are here to protect us all.
Do not allow corrupt RAs to operate or implement illegal or informal "GnG" schemes as they wish... Do not allow them to bully the residents and the communities. Make sure the RAs do not flout the laws and the guidelines.
Say no to informal gated and guarded housing schemes in your neighbourhood. Instead introduce Kawasan Rukun Tetangga (KRT) as endorsed and promoted by the government.
Many RAs have been blatantly flouting the laws implementing "formal gated community" schemes on their own even though they are only "informal gated communities". Are these RAs corrupt or are they incapable of following the rule of law?
How the RAs 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. 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 implement.
Not sure whether they are acting dumb or they are really so. Some are bullies and some are linked to syndicates and gangsters. Whatever it is do not trust them so easily and do not sign any papers to give them any type of consent. They will sweet talk you initially but they will start to coerce others later when they have sufficient numbers. You might be giving them the license to collect money from the neighborhood.
They will make you feel as though you owe them if you don't participate or pay them. Many residents did not know what they were getting into initially when they sign the consent letters... only to regret later on. It's high time the communities and the authorities put a stop to this.
