Can RA implement auto gate with access card /proximity system?

Below are part of the related MBSA key guidelines outlined for your ref:

*Penggunaan kad akses automatik adalah dilarang (hanya boleh dibenarkan sekiranya penyertaan 100% penduduk).

*Pengawal keselamatan TIDAK BOLEH menghalang mana-mana kenderaan untuk keluar masuk, dan TIDAK DIBENARKAN memeriksa atau mengimbas sebarang dokumen pengenalan...

*(Sumber: Garis Panduan Skim Komuniti Berpengawal MBSA; Terimakasih & Penghargaan kpd MBSA)

So it is very clear here, that the usage of automatic access card system is prohibited (unless there is 100% consent from residents).

Blocking of vehicles from moving in and out is not allowed.

Non-paying residents cannot be stopped at all from entering their residence at all times.

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Below are part of the related MPK key guidelines outlined for your ref. It also clearly states that:

*iv) "Penggunaan kad akses (automatic) dilarang sama sekali"

* v) "Tidak dibenarkan menghalang kenderaan keluar/masuk ke kawasan berkenaan"

*vi) "Penghuni yang tidak menyertai skim ini tidak boleh dihalang sama sekali memasuki kediaman mereka pada bila-bila masa"...

*(Sumber: Manual Garis Panduan GC MPK; Terimakasih & Penghargaan kpd MPK)

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So it is very clear here, that the usage of automatic access card system is prohibited (unless there is 100% consent from residents).

Blocking of vehicles from moving in and out is not allowed.

Non-paying residents cannot be stopped at all from entering their residence at all times.

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So, if you do not subscribe to their scheme and you don't have their access card or car sticker, can the security guards ask for your MyKad/ Driving License (even just for recording purposes)?

The answer is "No". They still have no right to stop you and ask for your ID. (Blocking roads, asking people for ID or using access card system is illegal in all types of informal GnG schemes).

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.

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 should not be mixed up. There is a big difference between "formal" gated communities and "informal" gated communities...

Due to the lack of understanding and awareness by the public, corrupt 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.

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. Automatic access card system is illegal and prohibited in all informal gated communities.

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.

Only formal gated communities can legally implement access card system for their residents. They also have the right to block any roads and ask visitors for identification such as MyKad or Driving License in accordance to Regulation 8A.

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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."

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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)

Hope this is as clear as it can get!

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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.

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 or to stop you. (It is illegal and it is an offence reportable to PDRM). Tell them it is illegal for them to block public roads. Tell him you will have to make a police report 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 listen to you. (You can try to request to speak with the RA chairman /committee, but take down their name and contact no. for/if any further actions).

3. Either lodge in a public online complaint (e-aduan) to MPKlang or do it at the MPKlang counter there. You can also e-mail your complaint directly to the President of MPKlang.

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.