This is what you can do:

Step 1: If you are being stopped and asked to produce your MyKad or Driver's License for ID, tell him he has no right to do so. Tell him it is an offence that is reportable to the police PDRM.

Step 2: If he still refused to let you through, tell him that you want to speak to the RA's chairman. Ask for the contact details including the guard's name, the RA chairman's name and his mobile no.

Step 3: Try to speak with the RA chairman or person representing the RA regarding your problem. Reason with him that it is against the law and guidelines to do so. Tell him you would have to lodge a police report and a complaint to the Municipal Council if you are denied entry to a non-private property or residence.

Step 4: If the security guard still refused to let you through, note down the time and date of the incident and go to the nearest police station and lodge in a police report.

Step 5: Also, lodge an online complaint (e-aduan) to the respective local council (Municipal Council) and attach the police report.

Aduan MBSA (Click here): aduan.mbsa.gov.my//iresponz/index.cfm 

Aduan MPKlang - MBDK (Click here): aduan.mpklang.gov.my/ 

Beware of illegal schemes by corrupt RAs that are breaking the laws and making the residents pay

Looks like none of the RAs follow any of the guidelines at all.. (Blatant disregard for MBSA guidelines):

*(Sumber: Garis Panduan Skim Komuniti Berpengawal terbitan MBSA; Terimakasih & Penghargaan kpd MBSA)

Simplified MBSA GUIDELINES (FOR YOUR REF BELOW):

BLOCKING RESIDENTS AND THE SURROUNDING COMMUNITY FROM MOVING IN AND OUT IS UNLAWFUL AND ILLEGAL.

RESIDENTS ASSOCIATION (RA) DO NOT HAVE THE RIGHT TO ASK ANYONE FOR HIS/HER ID FOR ENTERING A NON-PRIVATE RESIDENCE 

(Guards asking from the public for MyKad/ Lesen Memandu is an offence and reportable to PDRM).

USING ACCESS CARD SYSTEM IS ILLEGAL UNLESS 100% CONSENT IS OBTAINED 

(Fyi, majority of RAs do not even have official 50% consent from the residents; Only strata residences will be able to obtain 100% consent through DMC).

Scheme approval is on a temporary basis and up to a max of 3 calendar years; Upon the expiry date, a new application must be submitted after obtaining the required consent from the residents again; A 100% consent from residents is needed for implementing any auto gate with access card system; The scheme cannot be forced upon the residents (no coercing of participation). 

Auto gate with access card system is not allowed (usage prohibited unless there is 100% residents participation). 

Not allowed to block/close any roads (vehicles cannot be blocked from moving in/out); Non-participating residents, including the public cannot be obstructed from access to the residence at all times. 

Security guards cannot obstruct any vehicles from moving in/out of the residence at all times; They are not allowed to ask/check any resident's or visitor's identification document; They are also not allowed to scan or take a picture of it for any purpose. 

List of names (security guards) for KDN's vetting and approval to be provided; Timetable and the no of persons on duty by shifts to be provided for MBSA's record; Approval period is for 3 calendar years. 

All details of the RA (residents association) including contact details, names of committee members, approvals references, dates of approvals, security guard shifts details, MBSA ref no./dates, ref no approvals from the Land Office, must be stated on the notice board. 

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Simplified MPK (Majlis Bandaraya DiRaja Klang) GUIDELINES (FOR YOUR REF BELOW):

You need to ask yourself

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

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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.

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)