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.
Due to the lack of awareness by the public, corrupt RAs have been taking advantage of this grey area to coerce residents to sign up/pay for their bogus schemes that are breaking the laws.
So now, some people ask... can security guards ask for your MyKad or Driving License for identification (even just for recording purposes)? And the other related question is, can they block public roads or stop you from entering? How about the usage of auto access card system?
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 shouldn't be mixed up. There is a big difference between "formal" gated communities and "informal" gated communities...
All "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.
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.
First and foremost, gaining entry into a "private property" such as a formal gated community or a stratified condominium is different from gaining entry to a "public property" such as an informal GnG residence. Both schemes are very different and people ought to know the difference.
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 (Regulation 7).
In the first place they have no right to block anyone from access to any "public property" residence. It is illegal to block public roads as the roads do not belong to the RA or any particular group of residents. [Sek 80 Akta Pengangkutan Jalan 1987 (Akta 333) dan Sek 46 (1) Akta Jalan, Parit & Bangunan 1974]
The usage of auto access card system at informal GC is also prohibited and illegal.
Only licensed security guards on duty at a "formal gated community" and/ or a stratified condominium have the right to ask visitors for MyKad or driving license for identification and recording purposes. Only formal gated communities (strata or private properties) can legally block roads and implement auto access card system for their residents.
+++++
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)
Dear Residents of Setia Alam,
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.
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 scheme that they are allowed to operate is only an informal GC scheme, not a formal GC scheme.
Your chairman is a conman when he failed to inform the residents and the community the differences between a formal scheme vs. an informal scheme.
Your chairman is a conman when he operates an informal gated community scheme as if it is a formal GC scheme. Both schemes are very different, one is legal but the other is actually illegal. (Comparing an illegal scheme to a legal 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 law.
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 on the windscreen does not give RA the right to stop and check the community - 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 or approval.
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 indirectly forced the community to subscribe to his illegal scheme.
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.
+++++
So far, RAs in public property residences do not (or almost never) adhere to the laws and guidelines when it comes to operating their GN scheme. This is wrong as both schemes are very different. They still implement what are allowed in a GC scheme despite their application /approval is only for a GN scheme. Residents and communities have been duped into their scheme and scam.
Actually the silent majority of the communities here are fed up with unethical and corrupt practices by unscrupulous RAs operating informal GC schemes that are breaking the laws.
If the RAs are sincere in wanting to raise and increase awareness on neighbourhood watch /security, they can also activate Komuniti Rukun Tetangga (KRT) together with Skim Rondaan Sukarela (SRS) which is supported by PDRM and as promoted by the government instead.
It's time the government only allow formal gated communities (GC) in private (or strata) properties. No more informal "GC" schemes by RAs in all non-private property residences. Stop the disharmony and the disunity in all our neighborhoods.
RAs can also start Kawasan Rukun Tetangga KRT instead of 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.
Even though there is no law that says you cannot hire guards to patrol your own neighborhood, you cannot stop the communities from moving in and out freely. It is also an offence to ask people for ID. After all, this is not private property.
For the many, not the few...
The Silent Majority
+++++
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 MBSA and/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 MBSA 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.
+++++
Do not allow corrupt RAs to operate or implement illegal or informal "GnG" schemes as they wish... Do not allow them to bully the residents and the communities. Make sure the RAs do not flout the laws and the guidelines.
Say no to informal gated and guarded housing schemes in your neighbourhood. Instead introduce Kawasan Rukun Tetangga (KRT) as endorsed and promoted by the government.
Many RAs have been blatantly flouting the laws implementing "formal gated community" schemes on their own even though they are only "informal gated communities". Are these RAs corrupt or are they incapable of following the rule of law? Do you think that RA is about neighborhood security and do you think they can really put a stop to crime? Or perhaps they have their personal agenda and are just opportunistic?
Not sure if the RAs have the proper and official approvals from the authorities. Or perhaps they did not get the necessary approvals at all for the type of scheme that they wanted to implement. Most of the time the requirements are not met. Some of the RAs went ahead to implement GC schemes despite only obtaining approval for a GN scheme or an informal GC scheme only. Some don't even know what scheme they can or cannot implement.
They have no regard for the laws or guidelines. They will just implement what they want according to their interpretation of the scheme. Some are bullies and some are linked to syndicates and gangsters. Whatever it is do not trust them so easily and do not sign any papers to give them any type of consent.
They will sweet talk you initially but they will start to coerce others later when they have sufficient numbers. You might be giving them the license to collect money from the neighborhood. They will make it "inconvenient" for you and your family /friends if you don't participate in their scheme. Many residents did not know what they were getting into initially when they sign the consent letters... only to regret later on. It's high time the communities and the authorities put a stop to this.
+++++
Beware of illegal schemes by corrupt RAs that are breaking the laws and making the residents pay
So, is this GnG scheme or scam? Let us keep formal GnG residences private and exclusive. And put a stop to informal "GnG schemes" in public property residences. Informal GnG schemes are actually a nuisance and a hindrance in today's society. It is worrying as these illegal schemes are sprouting all over the country.
RAs operating informal schemes have been flouting the laws and causing the communities a lot of disharmony and disunity. Certain group of people with personal agendas are taking the opportunity to enrich themselves in the name of providing "neighborhood security", which in fact looks more like an illegal "toll collection" from its residents.
No private facilities to offer and no amenities to maintain, but the RA still want to operate a GnG scheme by hiring private security guards and installing unlawful access card system which the majority of the community do not want.
"Even though there is no law that says you cannot hire security guards for your residence... you cannot block the community or others from moving in/out. You must also respect the rights of others.
You will be breaking the laws when you block public roads, or stop cars and ask for identification such as MyKad or Driver's License from the public. [Fyi, using access card system is also illegal in all non strata residences.]
You can only instruct your private security guards to take down the details of vehicles moving in/out, such as the date & time, car model, colour and registration number only.
Do not intimidate or bully other law-abiding residents/citizens. Do not act like gangsters and please do not act as though you own the housing estate. Please do not operate informal GnG scheme if you do not know the laws/guidelines. Please be informed accordingly."
The Silent Majority