Gated and Guarded Communities (formal & informal schemes) 

Beware of RA operating illegal GnG scheme flouting laws and making residents pay

What the Local Councils initially approved for Guarded Neighbourhood schemes now have become illegal Gated Communities. How? 

It is because unscrupulous RAs have gone against the Council's guidelines, flouting laws to implement their own version of the scheme in non-private residences.

Corrupt RAs have turned these guarded schemes to illegal gated communities by implementing prohibited procedures such as blocking public roads, guards asking the public for ID (such as Driver's License) and some even have gone further by implementing auto access card system for the neighbourhood that majority of the residents do not want. Now, this is the problem!

The above procedures introduced by the RAs are clearly against the laws in normal terrace houses residences under the jurisdiction of local councils. This type of informal gated communities run by RAs are divisive, a hindrance to the community and a nuisance in today's society.

Some say this type of illegal "GnG" only benefits the black market or syndicates - profiteering under the guise of providing neighbourhood security.

We hope the new government will implement new housing policies that are inclusive, harmonious and in line with our National Unity Blueprint. 

It's also time to tackle the proliferation of illegal gated community schemes that are plaguing the country and causing so much problems for the communities. The government must put a stop to informal gated communities in non-private properties (operated by RAs) that are breaking multiple laws. 

The rights of all law-abiding citizens must be respected. (Haksaksama dan Kesejahteraan Komuniti). Informal or illegal gated community schemes are divisive and a hindrance in today's society.

We need new policies that prevent certain quarters from taking advantage for their own selfish agenda and duping residents into signing up and paying "security" fee every month. (The govt must always try to help the communities on the costs of living and to eradicate "black economy").

What the majority of residents wanted initially... now have become the minority (continue to pay monthly "security fee" for as long as they are living here). 

Proposed New Local Government Policies:

To ensure that such schemes are operated within guidelines with sufficient consent and based on what the majority of the residents truly want, we hope the following new amendments will be included into the requirements by the Local/ Municipal Councils before approvals are given:

• Fresh new written consents from the residents must be obtained up-to-date yearly and officially, and not only once during the initial application by the RA. It must reflect the current consents given by the residents every year, and not based on incorrect outdated consents given years ago. (This is because majority of the residents do not know what they were getting into at the beginning or were misguided. Also many residents prefer to drop-off the scheme along the way; some have moved out; and some do not want the scheme later on for obvious reasons after being coerced earlier on without any knowledge on the matter.

• A booklet containing all the relevant information on Guarded Neighbourhood schemes and KRT (Kawasan Rukun Tetangga with Skim Rondaan Sukarela (SRS) or Voluntary Patrol Schemes should be published and made available to all the residents before deciding whether they agree on what to sign up or not. The information should include the legality of the schemes, any related laws and acts (eg: Akta JPJ, Akta JPBD, etc.), the guidelines from the municipal council, what the RA and security guards can and cannot do, what is allowed, what is illegal, the rules, regulations, requirements, etc.

• Other information on the different types of properties such as strata vs private vs non-private, explaining the basic differences between them; management corporation vs joint management body vs residents association; KRT vs GnG schemes, Rukun Tetangga Act, input from Jabatan Perancangan Bandar dan Desa (JPBD), and the recommendation from PDRM, etc.

• Other information explaining the differences in the various gated and guarded schemes available in the country (gated community scheme vs guarded neighbourhood scheme); etc.

• Approval requirements, enforcement, implementation of scheme, etc. 

Landed property developers should also review their policies, ethics and marketing strategies with regard to this matter. Property developers must be clear on their business definition and target market. 

They must not help facilitate the proliferation of informal gated communities as this is not in line with the national unity blueprint for the country. Are they sure this is a healthy trend or just a trend started by certain quarters? 

It is time property developers work with the Ministry of Unity and the Local Housing Ministry to safeguard the harmony and well-being of the community in general. Illegal gated communities are a hindrance in today's society. If we allow such divisive schemes to continue and flourish, we can forget about achieving a united society. 

+++++

Dear Residents,

Is your house located inside a private housing estate? If your residence is not a legal gated community, don't condone to an illegal one.

RAs can also start Kawasan Rukun Tetangga KRT instead of illegal GnG if they are sincere...

KRT through Skim Rondaan Sukarela is free, supported by PDRM and endorsed by the government.

Residents, please do not condone to any form of illegal gated community scheme or wrong doings by corrupt RAs.

How do you know whether your RA chairman is an ethical law-abiding-citizen chairman or a corrupt conman?

Your chairman is a conman when he breaks multiple laws to implement his own GnG scheme so that he can collect monthly fees (some call it toll, others would call it protection money) from the community.

Your chairman is a conman when he blocks public roads and then start collecting monthly security fees 'toll' from the community, in the name of neighborhood security.

Even though the property developer have clearly stated that the residence is not a gated community, your chairman still want to operate an illegal scheme taking advantage of the grey area and the residents' lack of knowledge in this subject.

Your chairman is a conman when he failed to inform the community the type of scheme that they are only allowed to operate is a guarded neighborhood scheme, not a gated community scheme.

Your chairman is a conman when he failed to inform the residents on the differences between a guarded neighborhood scheme vs. a gated community scheme.

Your chairman is a conman when he failed to inform the residents on the differences between a formal gated community scheme (under private/ strata residences) vs. an informal gated community scheme.

Your chairman is a conman when he operates a guarded neighborhood scheme as if it is a proper gated community scheme. Both schemes are very different, one is legal but the other is actually illegal. (Comparing an illegal scheme to a formal GC scheme is like comparing an apple to a pineapple).

Your chairman is a conman when he failed to inform the community of the limitations of an informal scheme.

Your chairman is a conman when he never inform the community what they "can and cannot do" under the local council guidelines while operating an informal scheme.

Your chairman is a conman when he instructs his security guards to stop and ask people for ID (such as MyKad or Driver's License), even though it is against the laws.

Your chairman is a conman when he instructs his security guards to block the community or anyone that did not join his illegal "GnG" scheme. (Not having a residents' sticker or access card does not give RA the right to stop and check anyone - it is illegal, unlawful and an offence to do so).

Your chairman is a conman when he implements the prohibited card access system in non-private residences without sufficient consent and approval. Your chairman is a conman when he put up prohibited obstructions such as razor wire or barb wire on the ground haphazardly.

Your chairman is a conman when he breaks the laws to stop the community from moving in and out freely. (It is illegal and unlawful requiring residents to register at the guardhouse every time; it is also unlawful to stop the surrounding communities from access).

Your chairman is a conman when he has no regards for the laws, the rights of others and he thinks the entire residence belongs to him. 

Your chairman is a conman when he does not uphold "the rule of law", has selfish agendas, and he imposes his beliefs, values and preferences on others. 

Your chairman is a conman when he hires security guards without the proper license and requirements by KDN.

Your chairman is a conman when he indirectly forced the community to subscribe to his illegal scheme. Your chairman is a conman when he implements the scheme without sufficient consent and without any objections.

Your chairman is a conman when he doesn't organize the yearly AGM for the residents and does no other community work for the community except for his GnG scam. 

Your chairman is a conman when he never considers Rukun Tetangga scheme as another option for the community. (He is not interested in KRT because it is FOC for the community - he can't make money from it.)

Above all, your RA chairman should have been more transparent first on the laws, guidelines, rules and regulations of what an informal scheme can and cannot do - and then let the community decide whether they want to sign up or not; not coerce them into joining without any knowledge whatsoever. 

If your chairman didn't do this before implementing his "GnG" scheme, then he is more likely a conman.

Why the people don't see it even though this is so obvious... is mind boggling. Those who still condone to this sort of selfish GnG scam still need a bit of enlightenment. Perhaps they need more time...

For the many, not the few!! 

+++++

If you are someone who are denied access to a (non-private /non-strata) residence whether to visit your family, friend or simply just going home... without producing your ID, you can lodge a complaint with your Municipal Council or PDRM.

If you are being stopped by the guards and asked to produce your MyKad or Driver's License, you can lodge a complaint with your local council and/or PDRM.

If you are a resident or someone who encounters problems with the security guards (or have been harassed from moving in and out freely) just because you don't subscribe to their scheme, you can lodge a complaint with the authorities.

+++++

"Informal Gated Community" schemes that are run by RA in non-private housing areas are not legal gated communities at all. Actually, these so-called "GnG" schemes implemented by the RAs are against the laws and guidelines. They have no right to stop anyone/ ask for anyone's ID, nor the approval to implement aaccess card systems.

However, formal gated communities (private properties) 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. So, they have the right to ask  visitors for their ID such as MyKad/ driving license for taking down the details.

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.

Only licensed security guards on duty at a "formal gated community" or a stratified condominium have the right to ask visitors for MyKad or driving license for identification and recording purposes.