**************
“Gangsters” More Than Guards
Dubious Guards Doing The Rounds
Don’t Let Your Guard Down
Illegals Caught Working As Security Guards
Nur Jazlan: Criminals Now Operating From Gated Communities
Letter To The Star: Not For Gated And Guarded Facility
The Myth Of Gated Communities
Gated & Guarded, And Lulled Into False Sense Of Safety
DBKL: No Intention To Divide Communities
Gated And Guarded Community In Klang
Datuk Awarded RM487000 Over Break-In At Gated Community
Living In Gated Areas While Crooks Go Free
I REFER to The Star report on the new rules for gated and guarded housing areas as I am very concerned about the level of crime in Malaysia.
Only the security companies profit, while the criminals will eventually find ways to defeat the security.
I am a post-graduate student currently studying in New Zealand. While it is not true to say that there is no crime there, the houses are not as heavily barricaded as they are in Malaysia, and people can walk freely without fear of motorcycle-riding purse snatchers.
Malaysians should not look at the increasing number of gated communities as a sign of “progress”. Rather, it is a symptom of our communities reacting to the disease of crime.
Clearly, the solution to this problem is not merely to build higher walls, but to remove the criminals from our streets.
Source:
https://www.hba.org.my/main.htm
22/03/2007
The Star
By Ariff Khalid, Hamilton, New Zealand
Guarded & Gated Community Makes It Difficult For Local Authorities To Render Services.
Living in a gated community is not entirely trouble-free as residents in such places have to bear with a major problem such as getting the local authorities to provide services such as garbage collection, clearing drains and covering potholes.
As ratepayers, the residents are entitled to such services. However, the physical barrier put up at the guarded and gated community makes it difficult for the local authorities to render such services.
Alinah: ‘Access roads that are blocked do not belong to the residents’. “We know the local authority is supposed to provide us with the services but then when we contacted them, they say they could not come in.
They said we should do away with the security guard and barrier at our main entrance. But then again, if we remove the guards and the gates what is the point of calling it a gated community,” said Janet Leong who has been residing in one of the oldest gated community in Shah Alam.
Leong, who wished not to reveal the location of her house, claimed that they have been facing the problem for several years. She said her residents association had been arguing with the local authority and their management company for quite sometime on the issue.
Such problems are quite common, said Selangor Housing and Real Property Board executive director Datin Paduka Alinah Ahmad. She said usually residents or housebuyers were the ones at the losing end.
“Previously there were no clear guidelines for the developers to follow, leaving many grey areas which at the end leads to problems,” she said during a talk on the Implementation of Gated Community Development in Selangor held at Carlton Holiday Hotel and Suites, Shah Alam recently.
The problems include the public’s right to access a gated area without screening, legal rights of management corporations to the common areas and service charge collection.
Alinah said the access roads to the residential development were usually blocked to allow access to residents only.
“However, these blocked access roads do not belong to the residents living in such housing schemes,” she said, adding that once the developer applied for the titles for the individual homes in the area, the access roads had to be handed over to the local authority.
“The problem will arise when the application is made for individual titles for the houses in the area as the title was released without the access roads and other common areas being handed over to the local council. That means the local authority cannot go in and maintain the road and provide service to the residents,” she said.
Selangor state housing committee chairman Datuk Mokhtar Dahlan said the implementation of the new guidelines on gated communities would ensure that residents get their services from the local authority without sacrificing the security and safety they wanted.
“The state government hopes the guidelines will cover the grey areas and provide common solutions to problems faced by local authorites, developers and residents or housebuyers,” he added.
Source:
https://www.hba.org.my/main.htm
10/05/2007
The Star
Residents in guarded communities are being forced to pay protection money – to their security guards.
Many of these guards are nothing more than gangsters who are legitimising their protection racket under the guise of providing security. Residents are effectively paying to protect themselves from those who stand guard.
Even the Security Services Association of Malaysia (PPKKM) admits that many of its member companies are backed by gangs.
Several residents associations (RAs) in Klang Valley are trapped with the gang-linked thugs or ex-convicts as guards. Office bearers of some RAs claimed they were forced to continue hiring these companies after being threatened that gangsters would cause problems if their services were terminated.
There have also been cases of fights between rival groups vying for the security business. The most recent case involving a turf war among gangsters in Bandar Bukit Raja, Klang had left one security guard dead and six others injured.
A representative of an RA, who spoke on condition of anonymity, said many associations were enticed by gang-linked companies because of the low rates. “They charge about RM4 or RM5 an hour. But later we find that these guys are not even trained. Some come to work drunk,” he said.
Another RA committee member claimed that fights had broken out at her gated community’s guard post.
An RA chairman said when his neighbourhood was being patrolled by a suspected gang-linked company, houses of those who did not pay were frequently broken into.
A security industry veteran, who handles several RA contracts in the Klang Valley, said his clients found it difficult to get rid of gang-linked guards.
“One RA asked me to take over from a gang but I declined. No one dares to take over from a gang, it is something we don’t want to get involved in,” he said.
He said gang-patrolled neighbourhoods were on the rise in Klang, Rawang and some parts of Subang Jaya and Lembah Subang, with about RM2,000 from each housing area.
“If they control many areas, the profits are big. That’s why gangs expand their territories and end up clashing with rivals for control,” he added.
He said there was no certain way for an RA to check if a company had underworld backing or not, as most are operated under the licences of bigger security companies.
Community Policing Malaysia (CP) founder Kuan Chee Heng said RAs should vet potential security providers with the police to avoid paying protection money to the gangs.
NATION
By Nicholas Cheng
Monday, 18 May 2015
https://www.thestar.com.my/news/nation
Related stories:
‘About 40 member companies backed by gangs’
Act to be amended to rein in security industry
TAGS / KEYWORDS:
Gangsters , Guarded Communities , Security , Protection Money
Read more at https://www.thestar.com.my/news/nation/2015/05/18/gangsters-more-than-guards-residents-forced-to-pay-for-protection-money-under-guise-of-security/#iWb5mIS0twMojP9p.99
FYI Links:
http://www.moha.gov.my/images/maklumat_perkhidmatan/pekeliling_agensi_persendirian/pekeliling_1.pdf
******************
WHY is there the trend of guards patrolling housing estates today?
Previously it was only for gated communities. In Taman Tun Dr Ismail where I stay, this has become a “necessity.”
Some individuals in guard uniforms have gone from door to door offering to patrol the neighbourhood for a fee.
Not everyone, including me, agree to such an arrangement. We cannot ascertain their background, let alone let them “protect our homes.” This may become a permanent affair. Who knows what will happen if one were to discontinue the service.
Just yesterday, the aluminium door to my rubbish chute was stolen along with my neighbour’s, two doors away.
Was this a warning to enrol for this service or just a misdeed by irresponsible individuals? It looks as if I am being coerced to pay “protection money” for peace to my home.
I have been staying in this neighbourhood for the past 17 years and this is the first time the door to my rubbish chute was stolen.
It would seem futile to make a police report over such an inexpensive item. I thank God it was not something more serious.
The presence of our friendly neighbourhood policeman is a rare sight nowadays. Where have they gone?
Busy guarding VIPs or hiding behind some trees to catch traffic offenders?
Have there been many resignations in the police force? If so, is it because of low pay?
In that case, a revision should be in order. No doubt, many rank-and-file officers hold SPM or PMR qualifications and, therefore, are not entitled to high salaries but the risks they take in the line of duty should be taken into account.
I appeal to the authorities to properly streamline the practice of guard patrols sprouting all over housing estates, in particular, those with minimal or no police presence.
I still strongly believe in the protection of the police as the “official protector of the people.”
LIVING IN FEAR,
Kuala Lumpur.
Sources:
10/01/2007 The Star
http://www.hba.org.my/
National House Buyers Association
Persatuan Kebangsaan Pembeli Rumah
*****************
More and more housing areas in the Klang Valley are adopting the gated and guarded security scheme in view of the rising crime cases. Once the residents association worked out the details, a guardhouse is built, the entry-exit points are closed, security guards are stationed at strategic points and residents are issued car stickers.
While putting aside the debates on the legality of such schemes (it is prohibited to obstruct public roads under the Street, Drainage and Building Act 1974), the legitimacy and efficiency of the guards employed are worth exploring.
Those who are against the gated and guarded security scheme say they are not convinced that their areas would be safeguarded by laymen donning the security guard uniform.
Their worry is not without basis. Kuan Chee Heng, who is the founder of a community policing website (http://cops.org.my/), said some of the security companies do not have proper licences. “As far as I am concerned, there are about 400 licensed security companies as of February this year.
“They must be issued Licence 2 (a) under the Private Agency Act 1971 to provide personal guard and protection for the safety of somebody else or safety of property or other people’s business,” he said. Even if the company has a licence, most of the guards are untrained and thus not be allowed to work as security guards.
“The Home Affairs Ministry only allows locals and Nepalese to work as guards, but one can see foreigners like Bangladeshis, Pakistanis and Indians in the housing areas now. “They may be illegal or legal foreigners who have come into the country using working permits for other jobs,” he said.
The reason they take up jobs as security guards instead of those stated in their permits is because the salary may be higher. However, their salary will still be lower than the locals or Nepalese.
Kuan claims the foreigners have taken a step further by setting their own group and soliciting money from residents in exchange for their “security services”. “They do not have proper uniform, just reflective vests over their clothes,” Kuan said.
To prove his point, Kuan took StarMetro for a drive around Puchong and Serdang in search of the gated and guarded housing areas. In Taman Lestari Putra, we spotted a Pakistani man, who appeared to be in his late 20s, riding a motorcycle in his uniform.
We asked what kind of work permit he is holding and he replied, “Ladang (plantation).” Kuan then enquired about his employment. “I work for a security company, but if you can help, I want to start my own company,” he said.
We also visited a neighbourhood in Bandar Puteri Puchong where the Indian guard could no converse with us properly due to language barrier.
Kuan pointed out the danger of hiring foreigners as security guards – not only that they are not accustomed to our laws and culture, they cannot make police reports on the crime incidents and testify in court.
“They are not supposed to be working as guards, so naturally they wouldn’t appear in front of the authority. “Even though they are witnesses of the crime cases, they cannot give their statements to the police,” he said.
This, coupled with the fact that they are untrained, proved that foreign security guards cannot provide proper protection to the people who employ them.
In fact, some local guards, like the ones serving a residential area in Bandar Kinrara, admitted that they did not undergo training before working as a security guard.
“I once asked a guard why he didn’t call 999 when a fire happened, and he said his mobile phone did not have any credit left. “If he had been trained, he would know that he can make emergency calls under such circumstances,” Kuan said.
The effectiveness of the security service is often questionable. Most sit at the entry-exit points of housing areas and salute just about everyone who drives in. Some guards also appear to be frail and old, thus unfit to serve as guards.
Kuan pointed out that the police would focus their manpower on those areas that did not have such a security scheme, and thus those gated and guarded ones must ensure that the guards were up to the mark.
He advised the residents to ensure that the guards employed by security firms are either locals or Nepalese, and screen the guards by submitting their names to the nearest police station. “They must not have crime records. The guards should also take urine tests periodically to ensure that they are not drug users.
“The insurance coverage for any losses or thefts occurred should also be negotiated with the company,” he added. Nonetheless, Kuan said the security guards might be exploited by the company who employed them. “They are not sent for training because it is costly – it is RM250 for Level One of a basic course and RM700 for Level Two. For Nepalese, it is RM400 for Level One. “They are underpaid and overworked, and most do not have EPF and Socso benefits. They do not have insurance coverage, too,” he said.
He advised the residents to pay the security firms well in order to get a proper security service in return, and provide proper shelter to the guards instead of a makeshift booths. All in all, Kuan stressed that one’s safety is not guaranteed in a gated and guarded area.
“The community must work together in order to curb crime. “Your neighbour is your first line of defence. “Establishing strong ties and close rapport among the neighbours is more important than anything else. “Teach the elderly and children to be vigilant and call the local police stations in case you notice any suspicious character,” he said.
The Selangor police hotline is 03-2052 9999.
COMMUNITY
By Tho Xin Yi
Tuesday, 13 Oct 2009
https://www.thestar.com.my/
TAGS / KEYWORDS:
Community , News
Read more at https://www.thestar.com.my/news/community/2009/10/13/dont-let-your-guard-down/#EOltEg7jipGRtekb.99
****************
Illegal foreign workers are all over the country, especially in housing areas, including the residences of the elite group. This is because high-end housing areas will employ security guards, most of them foreigners, to monitor and patrol the neighbourhood.
Selangor Immigration Department director Mohamad Shukri Nawi said his officers conducted a joint operation with the Home Ministry to check on foreigners working as security guards. The operation was carried out at five premises around Petaling Jaya and Batu Caves on Wednesday.
Out of the 24 individuals screened, eight were found to be foreigners and working illegally. They comprised four Nepalese, three Indians and a Myanmar national.
Mohamad Shukri said the operation was focused on hot spots, gated and guarded communities, including apartments and condominiums. “We will conduct operations from time to time through our own intelligence, information and complaints from the public.
“Even high-end housing areas will be checked because there are foreigners who work as security guards. “Among the offences committed by them include not having proper documents, misuse of social visit passes, no valid work permit or one that has expired, as well as falsification of documents,” he said.
The cases are being investigated under Section 6(1)(c), Section 15(1)(c) and Section 56(1)(1) of the Immigration Act 1959/1963, as well as Rule 39(b) of the Immigration Regulations 1963.
On Thursday, The Star reported that living in gated and guarded communities may not ensure safety and security.
Six houses belonging to residents of USJ Heights in Subang Jaya were broken into in a span of five months.
When asked on the matter, Mohamad Shukri said police would investigate criminal cases while Immigration would monitor illegal foreign workers to see if any immigration offences were committed, especially in housing areas.
“We also act based on reports and complaints from the local community. If they suspect something is amiss among the security guards in their areas, they can always lodge a report.
“Residents should provide us with accurate information, especially their housing address, so we can act promptly,” he said, adding that only Nepalese were legally allowed to work as foreign security guards in the country.
NATION
By Iwan Shu-Aswad Shuaib
Saturday, 8 Sep 2018
https://www.thestar.com.my/news/nation
TAGS / KEYWORDS:
Government , Selangor Immigration , Gated And Guarded , Security Guards
Read more at https://www.thestar.com.my/news/nation/2018/09/08/illegals-caught-working-as-security-guards/#gFPX1WV4BAgHzqBk.99
FYI Links:
http://www.moha.gov.my/images/maklumat_perkhidmatan/pekeliling_agensi_persendirian/pekeliling_1.pdf
******************
Criminals are now operating from gated and guarded community within housing estates to avoid police from going after them, said Datuk Nur Jazlan Mohamed.
The Deputy Home Minister said the activities taking place in the gated and guarded communities included online gambling and prostitution.
He said such illegal activities were more prevalent in residential areas which did not have a gated and guarded scheme in its original development plan.
"Residents only started complaining to the police when they finally realised that vice activities were taking place in their neighbourhood," said Nur Jazlan after handing over financial allocation to 37 resident associations to finance the security and patrolling of their areas.
NATION
By Zazali Musa
Saturday, 25 Nov 2017
https://www.thestar.com.my/news/nation
Read more at https://www.thestar.com.my/news/nation/2017/11/25/nur-jazlan-criminals-operating-gated-communities/#26kLbMQJrxWEUk1R.99
*******************
I WISH to share my experience regarding the subject of gated and guarded neighbourhood. I object to it because of the following reasons (not in order of importance):
First, the committee is “elected” by a small number of attendees who have their own selfish agenda.
Second, only certain roads have road humps so as to divert traffic to other “certain” roads that don’t have them.
Third, guard houses are set up in places where certain members of the community will not be disturbed by the noise coming from the guards (such as their radios or smart phones), and the stopping and starting of cars.
Fourth, diverting traffic when vehicles drop off or pick up the children from the school, twice a day, to certain roads (to the advantage of certain members).
Which means the other roads will face noise, traffic jams and pollution twice a day, as well as speeding cars when they are running late.
Fifth, not every member can afford to pay the monthly fee. And then they have to put up with ugly stares from the guards.
VICTIMISED BY GnG
Kuala Lumpur
LETTERS
Thursday, 20 Jul 2017
https://www.thestar.com.my/
TAGS / KEYWORDS:
Letters , Gated And Guarded Communities
Read more at https://www.thestar.com.my/opinion/letters/2017/07/20/not-for-gated-and-guarded-facility/#hQT4iph5DtELGqPz.99
******************
MUCH has been said in the last few years about gated-and-guarded communities. The fear of rising crime rates has ensured this phenomenon will continue to be in everyone’s mind when purchasing a property to live in.
In recent years, crime incidences, such as snatch thefts and break-ins, have escalated to a level where the general man in the street is genuinely afraid for his safety and well-being. So the market is now demanding for properties within a gated-and-guarded community. And even it weren’t for such property, the developer must provide some form of assurance of safety to the occupants.
For older properties which do not have these facilities, residents have taken it upon themselves to organise some form of security within the estate they live in. The most popular and easiest method is to fence up the area, close some entrances and place a boom gate-and-guard house at the main entrance.
For newer developments and condominiums, the gated and guarded feature forms part of the development and has been planned and incorporated into the estate. This, of course, works better than the ad-hoc fencing and guard house. But is all this just a fallacy? Do they work?
I have seen many instances where all you have to do is drive up to the gate and wave at the guard. He then waves back at you as if he knows you and promptly proceeds to open the gate, allowing you easy access to the housing area.
Other times, security is stricter and the guard will actually stop you and enquire where you’re going. You may or may not be required to register yourself at the guard house and perhaps leave behind your driver’s licence or some other form of identification.
A friend of mine lives in an organised gated area in SS2, Petaling Jaya. One Sunday evening, at about 5pm, a car drove up to his house. Three men suddenly climbed over his front wall and broke into his home, brandishing parangs. They proceeded to tie him and his maid up and asked his wife to accompany them upstairs.
They ransacked the house of cash, jewellery, laptops and mobile phones. They then had the audacity to ask my friend for his car keys and promptly drove off in his Honda Civic. At the guard house, the guard waved at them and allowed both cars to leave the premises.
The questions that beg to be answered are these:
•With a born gate and guards at the gate, how did these strangers enter the estate unchecked?
•With guards patrolling the neighbourhood, how is it that no one saw the entire incident unfolding for nearly half an hour?
•How did both cars manage to exit the neighbourhood past the guards?
•Did the guards not notice a stranger at the wheel of the familiar Honda Civic?
So, are gated-and-guarded facilities really secure? Or do they just give the impression that they are? Although these guards are not trained or equipped to ensure zero crime, but could their mere presence contribute to a vast reduction in crimes?
I think anyone planning to organise their “taman” into a guarded enclave should take cognisance of the followings:
1. You get what you pay for. If you are unable to organise a large enough pool of people who contribute to service charges, you will not be able to hire guards of any calibre.
2. Your guards are the be-all and end- all of the service you are trying to provide. If there are no strict systems and processes put in place, then you can be sure that your guards will be there merely as window-dressing.
3. Enforcement is the key. If discipline and adherence to the systems and processes are not strictly enforced, everything will eventually fail.
4. Cooperation of each and everyone in the estate is vital. If a large number of people don’t contribute, the whole thing will eventually fail and collapse.
5. The amount collected from each household must be adequate for the service to be provided with any measure of success. If you are going to be constantly facing cash flow problems, the system will also fail.
6. Volunteers are important. The community must volunteer to man the system and enforce the process. This is vital to the success of any community living. The more the dedication shown by the community itself, the easier it will be to make the whole thing work.
Happy hunting and may the force be with you.
The writer is a real estate practitioner who is passionate about the property industry and tries to manage the labyrinth of the market honestly while consistently maintaining a high standard of ethics in his practice.
Reference:
https://www.nst.com.my/
By SIVA SHANKER -
January 25, 2018 @ 1:37pm
********************
LIVING in a gated-and-guarded community may not ensure the safety and security of your property and belongings as residents of USJ Heights in Subang Jaya discovered in the last two years.
The community has state-of-the-art facilities including a QR code registration for visitors, cameras at strategic locations, electric and perimeter fencing as well as round-the-clock security surveillance.
Despite all these safety measures, residents here have been victims of an organised crime syndicate that has left them baffled.
This year alone, six houses were broken into in a span of five months; only two houses escaped this spate of burglaries. Two of the houses were hit on the same night. Similarly, in early 2016, three houses were also broken into on the same night.
Living in fear, the residents spoke to StarMetro on condition of anonymity, hoping to warn others who live in the gated-and-guarded neighbourhood.
Two of the latest victims said they were shocked that the presence of two foreign cars in their neighbourhood went unnoticed for more than an hour during the incident on July 29.
Upon discovering that their homes were ransacked, they questioned the security guards who revealed that two unknown continental cars passed through the residents lane at the entrance.
“We believe one car used a transponder while the second car tailgated the first. It is amazing how the security guards did not find anything amiss with their behaviour,” said a victim, known only as Lai.
He said he left his house that night at 8.30pm for an unplanned dinner and came back an hour later to find his doors ajar and lights on.
He alerted the security guards who came unarmed, using just a broomstick to confront the robbers. After a thorough check, they realised the robbers had fled. Lai then asked the guards to comb the area.
“When they were out looking for them, they spotted the two cars. However, after a quick chase, the guards said the cars rammed through the barricade at the entrance and made their getaway,” he said.
Lai said there was no way they could have known beforehand that his house would be empty as he did not have a set schedule.
In fact, he could see from his own CCTV footage that the thieves were rather nonchalant and even had time to do a few burpees on the lawn before making off with his goods.
The other victim, known only as Sheila, said she left her house at 7pm to pick up her maid from the KL International Airport and returned at 10.15pm after dinner.
The robbers looted all her jewellery, opened the safe and cut off her Astro decoder and CCTV camera recorder.
“I managed to obtain CCTV footage from my neighbours since my main cameras were not working. The thieves looked like Caucasians or Latin Americans. They were tall and looked very relaxed,” she said.
Sheila added that another footage caught them walking coolly back to a black BMW while drinking from a bottle of water.
The robbers were also seen attempting to break into four other houses, but ran off on realising that the houseowners were home.
They appeared fit and athletic as they jumped over fences and high walls with relative ease.
All this does not add up as there is only one entry and exit post in the neighbourhood.
One of the victims of the robberies in 2016 said the robbers managed to cart off a 50kg safe box from his home before jumping over his lawn fence and driving off. He said it was surprising that the guards did not detect an unknown car parked in the neighbourhood.
Residents are upset that most of their security features do not work, including the CCTV at the front gate, the Centralised Monitoring System (CMS) as well as their intercom that is connected to the guard post.
The security facilities and services were provided by the developer from the outset as part and parcel of the sale of the houses in USJ Heights. The houseowners are also disappointed that the security guards and the developer are lax about the entire issue.
Most of the victims have lodged police reports, but were shocked to hear the police describe the intruders as “locals”. They said some of the CCTV footage clearly showed the face of one of the burglars who did not have Asian features at all. “Moreover, the act of cutting off the Astro decoder did not make sense unless they knew that it was linked to the CCTV recorder,” said Sheila.
The residents only took over the maintenance of the security and the guards last year, and refused to accept the task of maintaining the equipment such as the CCTVs until they were fixed. He added that the developer must hand over the amenities “in working order” to the residents association. Besides, there is no legal document to state that the handover has been completed.
He also said this was a good reminder to all residents that they should know their rights as housebuyers to ensure the promised goods and services are kept in working order for their benefit. “We want people to know that living in a gated-and-guarded community is not foolproof,” he added.
Living in a gated-and-guarded community may not ensure the safety of your property as residents of USJ Heights discovered in the last two years. One of the houses that was ransacked in USJ Heights was turned upside down in just 20 minutes.
This year alone six houses in USJ Heights were broken into in a span of five months, with only two houses escaping the spate of burglaries.
METRO NEWS
By Priya Menon
Thursday, 6 Sep 2018
https://www.thestar.com.my
TAGS / KEYWORDS:
Central Region , Usj Heights , Selangor , Break Ins
Read more at https://www.thestar.com.my/metro/metro-news/2018/09/06/lulled-into-false-sense-of-safety-despite-paying-for-security-facilities-residents-in-usj-heights-ar/#9S7L8zC1VLOsRfzw.99
******************
WHAT initially started off as a safety initiative by residents to make their houses more secure, or in the words of one resident, “the robber will think twice before entering my house”, has not only put Kuala Lumpur City Hall (DBKL) in a tight spot, but has divided communities and inconvenienced residents to the point they feel like an outsider in their own neighbourhood.
In March 2015, a five-member panel chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin decreed in the case of Au Kean Hoe against (D’Villa Equestrian Residents Association - a certified gated-and-guarded scheme) that regulated access to a defined area was not an obstruction in law, particularly if it was for security reasons.
The judges added that it was only illegal if a person was denied access to a public place, unlike Au’s home, which was a certified gated-and-guarded scheme.
Two years after the Federal Court legalised the placing of boom gates across public roads and guardhouses in residential areas, the walls have literally gone up in every neighbourhood in Kuala Lumpur.
Barriers in the form of manual and automated boom gates, steel barricades, perimeter fencing, steel drums, cones, and even retired motor tyres have been used by residents associations (RAs) to block public roads leading into residential homes from intruders and the public.
He said guardhouses and boom gates were authorised structures under the Town and Country Planning Act 1976; the Street, Drainage and Building Act 1974 and the Local Government Act 1976.
“Gated communities” means the particular development, its facilities and services including infrastructure (roads, drains, etc) within the development are privately managed and owned.
Usually some form of physical barrier surrounds the boundaries to the development. By contrast, guarded communities refer to communities where residents employ private security to provide security services to an area which includes public spaces.
Advocates of this security barrier have used the verdict to validate their reasons to put up security barriers, even at areas that were not certified as gated communities.
It certainly made things worse for DBKL as there was a rush by RAs to establish their own security scheme with boom gates, security fences, perimeter fencing and guard houses.
Residents even registered their associations with the Registrar of Societies (ROS) and put up barriers almost immediately without fulfilling DBKL guidelines.
According to DBKL, from 2011 to July 2017, 158 residents associations in Kuala Lumpur implemented the guarded security scheme, but only approved 65.
This means 58.8% of the RAs are operating their security scheme illegally.
While DBKL was willing to accommodate the requests as permitted by law, clearly the situation got out of hand at some neighbourhoods today.
Bukit Bandaraya resident Mitra Logan said some of the barricades were questionable. “Steel fencing permanently block public roads, including roads that lead to public parks, sports facilities and schools,’’ she said.
This proliferation of “walled” communities, Mitra said, was having far-reaching consequences on a community and, in some cases, divided residents.
“I live in Bangsar and sometimes I am treated like an outsider in my own neighbourhood. “It’s even worse when family and friends visit. They are made to feel like criminals,’’ she said, adding that her sister was asked to produce her ID by the guard.
“What happens if there is a medical emergency or fire, the ambulance and fire engines cannot access the area because someone decided to permanently close up a public road?
Senior citizens Peter Yap, 67, and Ronnie Loh, 59, from Taman Desa complained that the nearest route to their neighbourhood playground was permanently blocked by a steel gate.
“So now, instead of walking to my park, I have to drive there,’’ Yap lamented. “It never used to be this way,’’ Loh said, adding that it was inconvenient and illegal.
Residents of Desa Aman Cheras who do not pay for the neighbourhood security scheme claim that they are forced to use a different road when entering and exiting their homes, which violates their rights as residents.
Following a barrage of complaints from unhappy residents, StarMetro went to the ground to check out the problem.
Re-auditing security schemes
Kuala Lumpur mayor Tan Sri Mohd Amin Nordin Abdul Aziz said neighbourhoods with guarded schemes approved by DBKL would be checked again and re-audited.
He said the scheme was implemented to improve public safety and security, and never should it be an excuse to break the law.
“We need to relook at some of the guarded schemes as there is certainly room for improvement, particularly in cases where public roads are blocked,” he said.
“The problem starts when there is a payment issue and the RAs use the system to punish non-payers,’’ he said, adding that dividing communities was not DBKL’s intention.
He added that it was important to ensure that non-paying residents were not penalised in any way or even made to feel like outsiders in their own area.
“You cannot stop a person from entering a public road and there should never be segregation in any way that could lead to animosity among the residents,” he stressed. Abd Hamid said roads leading to public facilities such as schools, religious institutions, public parks, sports facilities and community halls cannot be cordoned off.
“You cannot prevent anyone from getting to this places and you cannot permanently seal off any public road,’’ he said.
He added that if there was a strong request from residents to close a road, only a local road would be considered and the RA must offer an alternative route for residents and the public which must be a reasonable distance not exceeding 150m. That is also subject to the RA securing 100% consent from residents.
“You see it is not easy to simply close roads in the city, we make it very hard to do so,’’ he said. Abd Hamid said DBKL had demolished illegal barriers in Taman Desa twice in a row, but the persons involved put them (gates) up yet again.
He added that some RAs would bring in their lawyers to argue their point during meetings to justify their reasons (for blocking roads). “Even I was asked to provide ID when carrying out a site visit in a guarded community in Jalan Kemaris Bangsar recently. “I was travelling in a DBKL car,’’ Abd Hamid said, adding that it was illegal to ask a person to hand over their MyKad.
“While we realise the need for people to feel secure in their own homes, there is no doubt that RAs are struggling to manage the scheme properly and this has resulted in conflict and disagreements, which is not what we anticipated’’ he said.
METRO NEWS
By Bavani M
Thursday, 15 Mar 2018
https://www.thestar.com.my/
TAGS / KEYWORDS:
Central Region , Guarded Security Scheme
Read more at https://www.thestar.com.my/metro/metro-news/2018/03/15/dbkl-no-intention-to-divide-communities-local-authority-to-review-security-schemes-in-residential-ar/#aKHAOFRSLdYBsMaQ.99
******************
If you have heard about it, The MPK has just recently torn down the barriers and removed the temporary guardhouse of one of the gated and guarded area in Bukit Tinggi, after complaint received among the residents in that particular Taman.
Yup~ Selangor State Government has announced earlier, in order to be gated and guarded(G&G) residential area, one area has to get 100% consent from the residents. Which meant that even if there is one objection from among residents, the G&G application won’t get approval from local authority!!This definitely has created disappointment among residents, especially when the rising of the crime rate, G&G is a MUST for everyone to stay peacefully.
There are 2 different types of G&G community in Klang. First is the one that originally G&G by Developer, like Ambang Botanic 1 and Ambang Botanic 2, and also Bandar Parkland Precinct 1~3A. which when developer started to built, they planned it as a whole compound, to include the landscaping and garden altogether, to ensure the residents enjoy the exclusiveness of the environment. Definitely, by promoting the uniqueness and exclusiveness of the living environment, developer get higher margin!
Second type of G&G is the G&G community initiated by Residents Association(RAs) of particular area, we called it as G&G Afterwards. These become popular for the past decade, when higher crime rate become threats to most of the people. RAs normally have a lot of convincing and canvassing work to do, they need to walk through every houses, try to persuade every residents to join the G&G scheme.
Few years back, for RAs to get their G&G approval from local authority, they only need 85% of consent from residents. Only last year, State Government has came out with new guidelines, to get approval for G&G, RAs have to get 100% consent from residents, which most of RAs think is mission impossible !! Bandar Bukit Tinggi, Butterfly Park, Bandar botanic, Precinct Bidara, Angsana, Cassia are all considered as G&G Afterwards. Local Authority normally allowed them to fence up only residential area, but not the public area, lake, park etc.
In fact, G&G original from Developer, they collected higher maintenance fees compare to those G&G afterwards. For example, Ambang Botanic 1 monthly maintenance fees for superlink will be RM250 monthly, while for link house in Bandar Botanic, the maintenance fees only RM50~60 monthly.
But the G&G afterwards community they normally face difficulties when getting everyone to pay, as they don’t have rights to ban those unpaid residents to go into their own property. Whereby G&G originally from Developer, they already had the Agreement signed beforehand, if the residents not paying maintenance, management has the right to inactivate their access card, and stop them from enter the residential area.
References:
https://klangproperties.com/
https://www.thestar.com.my/metro
April 23, 2018 by emily
*******************
KUALA LUMPUR: A businessman whose bungalow in a gated community here was broken into has been awarded RM486,988 after the High Court held that the terms laid down in its brochures and sale-and-purchase (S&P) agreement had been breached.
Justice Azmel Ma’amor ruled that the developer, Kumpulan Sierramas (M) Sdn Bhd, and its management corporation were liable for the special damages suffered by Datuk Soo Lai Sing due to the lack of security at the Sierramas Resort Homes in Sungai Buloh, contrary to the promises made in the brochure and the S&P agreement.
The judge handed down the ruling on Thursday after deliberating on submissions by counsel for the parties. Soo’s counsel, Olivia Ho, had argued that representations made in brochures and newsletters which materialised into agreed contractual terms in the S&P agreement and Deed of Mutual Covenants dated March 17, 1995, were of probative value and should be considered by the court.
Soo, 53, who was also awarded interest on the damages sum, filed his suit in July 2000.
In the suit, he said he bought the bungalow unit in 1995 as he was attracted to the unique concept which promised excellent security facilities for its residents.
He said he even agreed to pay, upon delivery of vacant possession, a service charge stated in the S&P agreement in return of facilities, which included maintenance of security.
Soo, 53, moved into his home in October 1999 and at 8am on March 10, 2000, his house was burgled.
He lost close to half a million ringgit after knife-wielding robbers escaped with cash S$100,000 (RM250,000) and RM5,000, a shotgun, four Rolex watches, jewellery and other items.
There was undisputed evidence that the robbers had gained access into the housing estate by cutting through the electronic perimeter fencing, which was supposedly armed with an alarm system and CCTV cameras, he said.
Soo added that he had attempted to fix some fences as additional security to secure the premises, but this was objected to by the defendants on the grounds that the additional height contravened the terms of the Deed.
He said that after the robbery, the robbers managed to escape detection by the defendants’ security control.
He claimed that the misstatement and negligence by the defendants had caused him to incur losses and damages.
In their defence, the developer and the management company, represented by Maidzuara Mohammed, said they had informed the residents via their in-house newsletter, Berita Sierramas, about the malfunctions in the security system.
They said that residents had been reminded, through a circular, to take precautions to safeguard their valuables.
They denied any contribution to the losses or damages suffered by Soo.
The Star Online
Nation
Saturday, 08 May 2004
12:00 AM MYT
By CHELSEA L.Y. NG
Read more at https://www.thestar.com.my/news/nation/2004/05/08/datuk-awarded-rm487000-over-breakin-at-gated-community#3OlTgBdbezzOt73Z.99
******************
Living In Gated Areas While Crooks Go Free
I REFER to The Star report on the new rules for gated and guarded housing areas as I am very concerned about the level of crime in Malaysia.
Only the security companies profit, while the criminals will eventually find ways to defeat the security.
I am a post-graduate student currently studying in New Zealand. While it is not true to say that there is no crime there, the houses are not as heavily barricaded as they are in Malaysia, and people can walk freely without fear of motorcycle-riding purse snatchers.
Malaysians should not look at the increasing number of gated communities as a sign of “progress”. Rather, it is a symptom of our communities reacting to the disease of crime.
Clearly, the solution to this problem is not merely to build higher walls, but to remove the criminals from our streets.
Source:
https://www.hba.org.my/main.htm
22/03/2007
The Star
By Ariff Khalid, Hamilton, New Zealand
*****************
Guarded & Gated Community Makes It Difficult For Local Authorities To Render Services.
Living in a gated community is not entirely trouble-free as residents in such places have to bear with a major problem such as getting the local authorities to provide services such as garbage collection, clearing drains and covering potholes.
As ratepayers, the residents are entitled to such services. However, the physical barrier put up at the guarded and gated community makes it difficult for the local authorities to render such services.
Alinah: ‘Access roads that are blocked do not belong to the residents’. “We know the local authority is supposed to provide us with the services but then when we contacted them, they say they could not come in.
They said we should do away with the security guard and barrier at our main entrance. But then again, if we remove the guards and the gates what is the point of calling it a gated community,” said Janet Leong who has been residing in one of the oldest gated community in Shah Alam.
Leong, who wished not to reveal the location of her house, claimed that they have been facing the problem for several years. She said her residents association had been arguing with the local authority and their management company for quite sometime on the issue.
Such problems are quite common, said Selangor Housing and Real Property Board executive director Datin Paduka Alinah Ahmad. She said usually residents or housebuyers were the ones at the losing end.
“Previously there were no clear guidelines for the developers to follow, leaving many grey areas which at the end leads to problems,” she said during a talk on the Implementation of Gated Community Development in Selangor held at Carlton Holiday Hotel and Suites, Shah Alam recently.
The problems include the public’s right to access a gated area without screening, legal rights of management corporations to the common areas and service charge collection.
Alinah said the access roads to the residential development were usually blocked to allow access to residents only.
“However, these blocked access roads do not belong to the residents living in such housing schemes,” she said, adding that once the developer applied for the titles for the individual homes in the area, the access roads had to be handed over to the local authority.
“The problem will arise when the application is made for individual titles for the houses in the area as the title was released without the access roads and other common areas being handed over to the local council. That means the local authority cannot go in and maintain the road and provide service to the residents,” she said.
Selangor state housing committee chairman Datuk Mokhtar Dahlan said the implementation of the new guidelines on gated communities would ensure that residents get their services from the local authority without sacrificing the security and safety they wanted.
“The state government hopes the guidelines will cover the grey areas and provide common solutions to problems faced by local authorites, developers and residents or housebuyers,” he added.
Source:
https://www.hba.org.my/main.htm
10/05/2007
The Star
