Beware of illegal GnG schemes by corrupt RAs that are flouting guidelines and making residents pay
Why do we categorized the schemes here as illegal? Because the RAs here have broken all the laws and went against the guidelines given by the local council.
The approved schemes were only meant for Guarded Neighborhood schemes and not for Gated Community schemes. (Even though they were originally legal Guarded Neighborhood schemes, but because the RAs have flouted the laws and guidelines, they have become illegal Gated Community schemes.)
So, hopefully now you understand the actual problem here.
Looks like none of the RAs follow any of the guidelines at all..
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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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So now the question is... can security guards check /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? How about the usage of auto access card system?
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 shouldn't be mixed up. There is a big difference between "formal" gated communities and "informal" gated communities...
Due to the lack of awareness by the public, the 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.
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)
Know the differences between a formal GC scheme (GC) vs an informal GC scheme (GN):
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
http://www.moha.gov.my/images/maklumat_perkhidmatan/pekeliling_agensi_persendirian/pekeliling_4.pdf
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Kepada semua RA yang melaksanakan skim kawalan perumahan informal di Shah Alam dan Klang... sila rujuk kepada garis panduan MBSA dan MPK seperti tertera di bawah:
*Please take a look at the summary of key guidelines given by MBSA:
*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.
*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).
*(Sumber: Garis Panduan Skim Komuniti Berpengawal terbitan MBSA; Terimakasih & Penghargaan kpd MBSA)
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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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"Both the GnG schemes must be differentiated as they are not the same..."
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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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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
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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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To The Communities of Bandar Bukit Raja, Klang Utara:
Please be informed that the implementation of automated proximity/ access card system by the RAs in BBR are unlawful and illegal as they do not have the proper approval from the council. In the first place the RAs here do not have enough consent from the residents.
This entire neighbourhood consisting of Sime Darby Property's double-storey link /terrace houses is a non-strata, non-private development. (To all RAs in BBR - these are just informal "GnG" schemes; or categorized as Guarded Neighbourhood (GN) schemes only - so please do not flout the laws to bully the communities).
Many residents are fuming over the RAs' selfish agenda, causing lots of grievances, disharmony and inconveniences to the communities.
Please be informed that the implementation of automated proximity/ access card system by the RAs in BBR are unlawful and illegal as they do not have the proper approval from the council. In the first place the RAs here do not have enough consent from the residents.
Fyi, auto access/proximity card system can only be implemented in strata-titled properties or private residences. (It is only allowed in formal GC schemes - it is prohibited in all types of informal "GC" schemes or GN schemes).
This entire neighbourhood consisting of Sime Darby Property's double-storey link /terrace houses is a non-strata, non-private development. (To all RAs in BBR - these are just informal "GnG" schemes; or categorized as Guarded Neighbourhood (GN) schemes only - so please do not flout the laws to bully the communities).
Many residents are fuming over the RAs' selfish agenda, causing lots of grievances, disharmony and inconveniences to the communities.
If you are being stopped by “security guards” at the boom-gate from moving in and out, this is what you can do:
1. Tell them they have no right to ask for your MyKad or driving license (even just for checking and recording purposes, as it is illegal and an offence reportable to PDRM). Tell them it is illegal for them to block public roads in the first place. Tell them you will have to make a police report and lodge a complaint if they don't let you through.
2. Please make a police report at the nearest Balai Polis Bukit Raja Klang Utara (Tel: 03-3345 2222) if they do not comply. (You can try to request to speak with the RA chairman /committee, but take down their names and contact no. for/if any further actions).
3. And lodge in a public online complaint (e-aduan) to MPKlang or do it at the MPKlang counter there, better still if supported by a copy of your police report for prompt action. Or you can just lodge in a complaint to the council's e-aduan without a police report.
1. Tell them they have no right to ask for your MyKad or driving license (even just for checking and recording purposes, as it is illegal and an offence reportable to PDRM). Tell them it is illegal for them to block public roads in the first place. Tell them you will have to make a police report and lodge a complaint if they don't let you through.
2. Please make a police report at the nearest Balai Polis Bukit Raja Klang Utara (Tel: 03-3345 2222) if they do not comply. (You can try to request to speak with the RA chairman /committee, but take down their names and contact no. for/if any further actions).
3. And lodge in a public online complaint (e-aduan) to MPKlang or do it at the MPKlang counter there, better still if supported by a copy of your police report for prompt action. Or you can just lodge in a complaint to the council's e-aduan without a police report.
Automated Access Card System is already being prohibited by all the local councils (eg. MBSA, MBPJ, MPKlang) unless the Persatuan Penduduk (RA) has 100% consent from all the residents which they do not have. Not even close. So, do not be fooled by your RA into joining their informal GC schemes that are breaking the laws.
