Can RA/ security guards block roads in Malaysia?

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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.

All formal gated communities 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, security guards on duty in a formal gated community have the right to block roads or anyone from entering, and demand visitors for their MyKad or Driving License for identification. It is also legal for a formal gated community to implement access card system for its residents. (As for visitors who want to enter, they have to give their MyKad or driving license to the security guard on duty so that he can record down the details in their log book. It is only right.)

However "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. Security guards in an "informal gated community" have no right to block any roads or anyone from access. [Sek 80 Akta Pengangkutan Jalan 1987 (Akta 333) and Sek 46 (1) Akta Jalan, Parit & Bangunan 1974].

They also have no right to ask for your MyKad or Driver's License for identification. No one can ask for your identification except for authorized officers of the law (as stated in Regulation 7 below). 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

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