Why do we categorized the schemes here as illegal? Because the RAs here have broken all the laws and went against the guidelines given by the local council.
The approved schemes were only meant for Guarded Neighborhood schemes and not for Gated Community schemes. (Even though they were originally legal Guarded Neighborhood schemes, but because the RAs have flouted the laws and guidelines, they have become illegal Gated Community schemes.)
So, hopefully now you understand the actual problem here.
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)
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"Skim GnG yang tidak formal" (skim berpagar yg tidak sah) adalah perosak kepada kesejahteraan komuniti dan perpaduan masyarakat. Kita semua hendaklah memupuk nilai-nilai murni Aspirasi Keluarga Malaysia, BUKAN sebaliknya.
Semua Persatuan Penduduk digesa tubuhkan Kawasan Rukun Tetangga KRT dan Skim Rondaan Sukarela SRS untuk menggantikan skim berpagar yang tidak formal. Skim berpagar hanya dibenarkan di kediaman atau taman perumahan persendirian /strata sahaja.
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SO FAR, NO RESIDENTS ASSOCIATIONS (RA) HERE HAVE FOLLOWED ALL THE REQUIREMENTS AND GUIDELINES SET BY MBSA..
BLOCKING RESIDENTS AND THE SURROUNDING COMMUNITY FROM MOVING IN AND OUT IS UNLAWFUL AND ILLEGAL.
YOU HAVE NO RIGHT TO STOP OR ASK ANYONE TO REGISTER FOR ENTERING A NON-PRIVATE RESIDENCE.
GUARDS ASKING FOR ID SUCH AS MYKAD/ D. LICENCE IS AN OFFENCE REPORTABLE TO PDRM.
(ACCESS CARD SYSTEM IS ILLEGAL UNLESS 100% CONSENT IS OBTAINED).
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.
Landed property developers should 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.
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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RA illegally blocking public roads, using prohibited access cards and security guards asking for MyKad or driving license for identification, are some of the problems faced by the communities.
There are 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, the 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. It is nothing more than just an illegal "toll collection" for its residents.
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Pls refer to MBSA guidelines as highlighted below:
*Scheme approval is on a temporary basis and up to a max of 3 calendar years; After the expiry period, 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.
*(Sumber: Dipetik drp Garis Panduan Skim Komuniti Berpengawal terbitan MBSA; Terimakasih & Penghargaan kpd MBSA)
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So now the question is... can security guards check /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? 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)
Know the differences between a formal GC scheme (GC) vs an informal GC scheme (GN):
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.
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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
Pengawal keselamatan yang bertugas di kediaman awam (termasuk di komuniti berpagar yang tidak formal) tidak dibenarkan untuk meminta dokumen identiti seperti MyKad ataupun lesen memandu daripada pihak awam.
Tetapi pengawal keselamatan yang bertugas di premis persendirian (seperti di komuniti berpagar yang formal, kondominium dan bangunan swasta) dibenarkan untuk meminta dokumen identiti pelawat bagi tujuan rekod butiran.
Skim komuniti berpagar jenis "formal" dan jenis "tidak formal" adalah tidak sama. Pelaksanaan kedua-dua jenis skim komuniti ini harus dibezakan. Komuniti berpagar formal adalah skim yang lebih senang diurus kerana ia adalah sejenis skim perumahan swasta yang memiliki hakmilik stratanya sendiri.
Peruntukan Peraturan 7 Peraturan-Peraturan Pendaftaran Kebangsaan 1990 memperuntukkan bahawa hanya seorang pegawai pendaftaran, pegawai polis, pegawai kastam, pegawai tentera atau pegawai lain yang diberi kuasa bertulis oleh Ketua Pengarah Pendaftaran sahaja yang dibenarkan untuk meminta dan memeriksa identiti seseorang dengan mengemukakan kad pengenalan.
"Syarikat Kawalan Keselamatan hanya boleh meminta dokumen identiti pelawat semata-mata bagi tujuan semakan dan rekod kemasukan ke premis persendirian dan kemudian mengembalikannya kepada pelawat selepas identiti mereka direkodkan."
(Terimakasih & Penghargaan kpd KDN)
http://www.moha.gov.my/images/maklumat_perkhidmatan/pekeliling_agensi_persendirian/pekeliling_4.pdf
http://www.moha.gov.my/images/maklumat_perkhidmatan/pekeliling_agensi_persendirian/pekeliling_4.pdf
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"Both the GnG schemes must be differentiated as they are not the same..."
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Only Komuniti Rukun Tetangga (KRT) together with Skim Rondaan Sukarela (SRS) that are backed by PDRM, are genuine neighbourhood watch schemes endorsed by the Government of Malaysia. Do not fall prey to syndicates and unscrupulous RAs.
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