Opinion
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RAs Taking Matters Into Their Own Hands Flouting The Laws
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.
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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Letter to The Star: Not for gated and guarded facility
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
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Dubious guards doing the rounds
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.
Source:
10/01/2007 The Star
http://www.hba.org.my/
National House Buyers Association
Persatuan Kebangsaan Pembeli Rumah
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GCs do more harm than good
Why do people really go for such a scheme, and what can be regarded the "best model?
British law lecturer Sarah Blandy of the University of Leeds in England knows all about gated communities (GC) and their impact on our social fabric.
Ask her for an introduction to it, and she'll most likely refer to her paper titled "National Study on Gated Communities" that considers their physical as well as legal attributes.
In it, she says that such a community must be one that:
Has a fence or wall around the residential area;
Restricts or controls the access for non-residents (via electronic means or with security staff);
Has private internal roads;
Subject residents to a common code of conduct; and
Can manage itself.
Blandy drew her working definition from a survey of a number of planning authorities in the United Kingdom and through interviews with key national players, including officers of residents' management companies, local authorities and the police, besides neighbours or those living outside a GC.
Her study reveals that in the UK, GCs are mainly small in size (containing less than 50 dwellings) and are mostly located in the suburbs of town and cities.
Deeper into her work, things get more interesting with some of her discoveries taking me by surprise. Among them, her finding that contrary to general belief, "the major motivation" for purchasers opting for a GC scheme in the UK is not security but status.
Other nuggets she uncovered that contrast with some popular theories is that in the UK
The GC market is "driven by developers seeking price premium", rather than by "purchasers demanding for safety"; and
There is no conclusive evidence that the enclosed nature of a GC or sell-management by residents actually fosters or encourages a "sense of community".
On balance, Blandy believes GCs do more harm than good, because:
They reduce public space and the permeability of a city:
Their physical security measures leads to "further social divisions";
Putting affluent households behind walls produces a negative impact on poorer neighbourhoods - in terms of urban sustainability, security and social integration.
While GC advocates maintain that such developments do in fact "contribute to improved community safety", academicians and policy makers maintain that they have "side-stepped conventional forms of governance, both in terms of planning control and in the provision of services".
"The likelihood of civic disengagement by GC residents is real and should not be summarily dismissed," they say, adding that if such disengagements remain unchecked, segregation can deepen, if not by race, then certainly by social class.
In the United States, some quarters also think GCs are potential threats to local fiscal autonomy because GC residents "have to pay additional charges for the privatised services rendered within their community". such as security, street maintenance as well as recreation and entertainment upkeep.
"Since their GC makes them pay for these same services that the government is obliged to provide, they feel they should be exempted - if not completely, then partially - from statutory charges," claim the detractors.
Further fuelling argument for payment exemption to the local authorities is a lack of clear policies on GCs in the US that is further compounded by the "general ambiguity of planners" towards them.
Coupled with the absence of local and national guidelines, this has led to an undesirable state of affairs, described as "policy vacuum" (Editor's note: In Malaysia, this has been addressed by recent amendments to the Strata Titles Act 1985).
On our shores, local GC developers too say that management corporations provide the same, if not better, kind of service as the local authorities for which the residents have to make additional payment.
However, they stopped short of suggesting that this means residents should be discharged of their obligation to pay their statutory charges.
Since January this year, I have been very fortunate in being able to inspect various GC schemes around our country together with a team of senior officials from the Office of the Director-General of Land and Mines.
One of this team's principal objectives is to determine the main characteristics of a GC and draw up the criteria for the "best model" scheme.
Accompanied by representatives from the Real Estate and Housing Developers' Association of Rehda, among the first projects we visited were Desa Park City and Sierramas Resort Homes in the Klang Valley.
While these two projects are different in many aspects, they are both impressive and pricey - certainly, they are beyond the reach of average Malaysian house buyers.
Desa Park City has visibly aged over time, but nevertheless, I was impressed by its many attractive features, especially its public park and commercial centre that permit unrestricted access (only the residential precincts are completely gated).
For Sierramas, the latter still appears refreshingly new. However, it is a large CF with public access virtually denied unless a visitor is invited or has a legitimate reason to be there.
After the Klang Valley, the next two places the ministry officials and I toured were Taman Tambun Indah in mainland Penang and Casa Grande on the island. The former is a massive GC comprising over 300 bungalow plots while the latter is pint-sized by comparison, with only 24 units.
Thereafter, we hopped over to Sentosa Island in Singapore to see how our southern neighbour is developing Sentosa Cove, a GC being built on reclaimed land.
On hand to give us a warm welcome was its chief executive officer Gurjit Singh, who gave us a comprehensive picture of how the development was conceived, planned and being executed.
Another scheme I saw was in Sabah, where I was taken on tour of several GCs in the state capital of Kota Kinabalu, including the famous Sutera Harbour.
Deep within this project is a gated enclave known as "The Residency". Though still in its infancy, its average size bungalow plots are being steadily snapped up by West Malaysians despite price tags of over RM1 million.
At this stage, it's still too early to spell out all the various components that can make up the best GC model. Many questions remain unanswered and many issues are still unresolved.
But, nevertheless, are we moving in the right direction insofar as gated living is concerned?
Salleh Buang is a senior advisor of a company specialising in competitive intelligence. He is also active in training and public speaking and can be reached at sallehbuang@hotmail.com
Source:
https://www.hba.org.my/main.htm
21/04/2007
NST-
PROP Land Matters
by Salleh Buang
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10 Disadvantages of Living in a Gated Community
Updated on February 17, 2019
ToughNickel.com
Paul Goodman
Living in a gated community has become increasingly popular in recent years, but the experience is not for everyone. Visitors passing through a guarded gate to gain access to your home can get tiresome after a while.
Although living in a gated community can work out well for many people, others are seduced by the dream only to find that the reality is a disappointment. That's why it's important to consider the downsides, as well as the positives, if you are thinking of moving to a secured or gated neighborhood.
This article lists the 10 main disadvantages of living in a gated community.
The 10 Main Negatives of Living in a Gated Community:
High Prices - due to maintenance of golf course, swimming pool, clubhouse, etc.
Inconvenient Locations - outlying areas mostly without public transport
Restrictive Rules - lots of rules to obey
Social Isolation - a sense of isolation due to limited interaction with the people
Security Issues - the perception of gated communities is safer unfortunately is not true
Guardhouse Frustrations - frustrating when you have to go through those gates every day
Gate Fees - extra monthly expenses that is unnecessary
Lack of Civic Power - majority of gated communities are privately owned
Lack of Diversity - social apartheid
Monitoring - a degree of privacy is lost.
I will explain each disadvantage in detail below.
1. High Prices
Both buying and rental prices tend to be higher for properties within gated communities, when compared with their non-gated equivalents. HOA fees can also be fairly extravagant, because you are paying for the maintenance of the gates and general security. Things like the roads are private, so you will pay towards their upkeep. If there are leisure facilities, such as golf courses, swimming pools, and tennis courts, you will likely end up paying for those too. In short, you should be prepared to be hit by all sorts of fees and expenses.
2. Inconvenient Locations
Most gated communities are built in outlying areas with limited amenities nearby. There generally isn't much public transport, so you will need to drive some distance in your own car to experience the attractions of downtown areas, such as restaurants, stores, parks, sports, concerts and other arts events. It also means that even routine chores like going to the store can become tiresome. Local medical, dental, and educational facilities may also be limited.
3. Restrictive Rules
There are lots of rules to obey. These might include: what color you paint your house, how high the grass in your lawn can grow, as well as the types of vehicle you can own and where you park them. Some people like the rules, they can help keep up the property prices, but if you prefer individuality and self expression to uniformity, or just have a more laid back approach, you may well struggle.
4. Social Isolation
Gated communities tend to operate like islands, interaction with the people in the surrounding areas tends to be limited. That's part of the point of them, of course, but it can lead to a sense of isolation. Some gated neighborhoods have a strong sense of community, which can more than make up for any negatives, but this can't be relied upon. Residents who don't have family and old friends nearby can find it difficult.
5. Security Issues
The general perception of gated communities is that they are far safer and more secure than non-gated neighborhoods, but the truth is more complex. Putting up a surrounding wall or fence doesn't necessarily prevent crime. If the gate isn't protected by a security guard and instead relies on a keypad operated automatic system, that can be problematic too - security codes can easily become compromised when people are giving them out to pizza delivery and other random visitors.
6. Gatehouse Frustrations
It may seem appealing to have gates and guards to restrict access, for sure they might deter unwelcome visitors, but it can be frustrating when you have to go through those gates every day. You may have to wait in a line just to get in or out, plus every time you have a family member or friend visit, you have to inform the guard just so that they can gain entrance. It can become tiresome after a time.
If you have a lot of visitors, such as family and friends, it can be frustrating for them to have to go through gate security every time. You may also have to wait in a line sometimes when you enter of leave the community.
7. Limited Services and Gate Fees
A lot of gated communities will limit the time contractors can come work at your home. Some will even make commercial services ordered by the residents pay a gate fee (I've seen them as high as twenty or thirty dollars), these fees inevitably get passed on to the home owner.
8. Lack of Civic Power
The vast majority of gated communities are privately owned. That typically means that the developer make all the rules and the residents have very little civic power.
9. Lack of Diversity
It's not just the housing that tends to be uniform. The people who live in American gated communities tend to be wealthy and white. In many communities the majority are also politically conservative. Retirement communities also have restrictions on ages. If you like social variation, or you don't fit in with the majority, then gated communities may not be the right choice for you.
10. Monitoring
Having a guard at the gate has advantages in terms of reducing crime, but it can also be uncomfortable to know that all the visitors to your home are being vetted and recorded. A degree of privacy is lost.
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Social Apartheid
It is a borrowed concept from the west (Heterogenetic) and seen as a Sanitised Space within a city with exclusivity (Voluntary Exclusion). It is also a form of Cultural Imitation and Replication, imitating the western lifestyle what they enjoyed overseas, which can also be seen as increased Materialism in our culture.
This can be termed as Self Ghettoisation of the Affluent. Social-psychology says it creates a False Sense of security and increases Paranoia about mingling with outsiders (False Consciousness of Marx).
Anthropologist Li Zhang cautions against increasing gated communities to the policy makers that it should not be misunderstood as rising affluence in a society but as a source of more Polarization which can lead to Social Conflict. It can also be seen as cleavage in civic engagement against the state or country.
Sociological analysis and data has shown that safety in gated communities may be more of an illusion than reality and that gated communities have no less crime than other similar non-gated neighbourhoods.
The implications of the proliferation of Gated Community schemes in the country is a negative one. The social impact study before the implementation of any GC scheme has never been done properly or is being disregarded. The importance of the study has been neglected and viewed as secondary to profit and other environment assessments.
One always reminisces the good old days of Rukun Tetangga where the rakyat were seen “bergotong-royong and tolong-menolong di antara satu sama lain”, in unity. Society has changed today … and if the government does not do what it is supposed to do, the rakyat will need to be self reliant and take things into their own hands. We can forget about 1Malaysia then.
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GCs Contribute To Polarisation, Fragmentation & Diminished Solidarity Within Society
Gated Communities (GC), which are fenced and gated residential neighbourhoods, represent a form of urbanism where public spaces are privatized.
Here, they represent a substantial part of the new housing market, especially in the recently urbanised areas. They have become a symbol of metropolitan fragmentation.
Local governments consider them as a valuable source of revenue because suburbanisation costs are paid by the private developers and the final homebuyer. This form of public-private partnership in the provision of urban infrastructure ultimately increases local segregation.
Gated Communities can contribute to spatial fragmentation not only in urban areas but suburban too, and reflect increased polarisation, fragmentation and diminished solidarity within society.
By excluding residents and people from the adjacent neighbourhoods, GC can contribute to social exclusion, inhibiting the construction of social networks that form the basis of social and economic activities. It will surely lead to some social impact and create a more prominent gap between the communities on both sides of the boom gate who will then look at each other more differently.
Very significant socio-economic dissimilarities are found to be associated with this kind of “enclosure”, thus defining very homogeneous territories especially on income and age criteria, stressing an exclusion that is structured at a municipal scale.
Social interaction takes a back seat and people have become obsessive with the perceived need for neighbourhood security. Everybody is jumping onto the bandwagon without giving much thought to this and that’s why the gated community concept is flourishing these days.
There are also quite a number of GC schemes that are plagued with unscrupulous RAs and syndicates taking advantage of the situation and reaping profits from unsuspecting residents.
As there are already developers here that have experimented with the concept of multiple gated communities within their non-strata development (such as Sime Darby Property in Bandar Bukit Raja), they are bringing this concept to the masses whereby terrace houses in each precinct have their own gated communities.
This was implemented without getting all the proper consents and approvals from the local authorities beforehand, and thus has created lots of other issues to the residents.
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