No RA please (only RT for Setia Utama): About

What the Local Councils initially approved for Guarded Neighbourhood schemes now have become illegal Gated Communities. How?

It is because unscrupulous RAs have gone against the Council's guidelines, flouting laws to implement their own version of the scheme in non-private residences.

Corrupt RAs have turned these guarded schemes to illegal gated communities by implementing prohibited procedures such as blocking public roads, guards asking the public for ID (such as Driver's License) and some even using auto access card system. Some are also prone to hiring unlicensed security guards. Now, this is the problem!

The above procedures introduced by the RAs are clearly against the laws in normal terrace houses residences under the jurisdiction of local councils. This type of informal gated communities run by RAs are illegal, divisive, a hindrance to the community and a nuisance in today's society.

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This website is created for those who wish to understand a bit more on the subject of Gated and Guarded (GnG) schemes in Malaysia. This website compiles all the related information, guidelines and articles on:

Gated Community (GC) scheme - for strata title residences or exclusive (private) properties. Usually comes with private facilities such as swimming pool, clubhouse, gym, etc. including infrastructures that are managed by management corporation MC or joint management body JMB. This scheme is compulsory and all homeowners will be made to sign a DMC agreement. Those who don't pay the maintenance fee will be taken to court.
Guarded Neighborhood (GN) scheme - for individual title (non-private) housing estates. Usually the RA will apply from the local council for approval if they have sufficient consent from the residents. However, the approval comes with many conditions and guidelines. This scheme is voluntary and cannot be forced upon anyone. Residents who did not join or did not pay 'security fees' cannot be discriminated.

However, there are many so-called "Gated Communities" which in fact are not legal gated communities at all. These are identified as "informal gated communities". (These schemes are in fact guarded neighborhood schemes only at most). Many of these schemes which are operated by RAs are actually flouting laws /guidelines, and have been causing a lot of problems for the communities such as:

Illegally blocking roads that do not belong to them
Security guards stopping the communities and vehicles from moving in/out
Security guards asking for people's identification such as MyKad or Driver's License
Illegally implementing auto gate with access card system for the neighborhood.

Although clear guidelines have been given by the local council, corrupt RAs still flout the laws and guidelines. As a result, this has become a nuisance and a hindrance to many. It is also divisive and has caused the communities a lot of grievances and disharmony.

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 gated community" residence. Both schemes are very different and shouldn't be mixed up. There is a big difference between "formal" gated communities and "informal" gated communities.

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.

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.

The implementation and usage of auto access card system at these informal gated communities are also prohibited and illegal.

On the other hand, "formal gated communities" are managed either by management corporations (MC) or joint management body (JMB) in strata-titled residences (private properties). These are legal GnG schemes protected and bound by the Strata Title Act 1985 and the Strata Management Act 2013.

All strata-titled residences will have to implement a Gated Community (GC) scheme to privately manage all its shared facilities, such as car parks, maintenance, security, landscaping, garbage disposal and common areas under the Strata Title Act and Strata Management Act. (eg: Eco Park and Eco Ardence).

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.

And only formal gated communities (strata or private properties) can legally block roads and implement auto access card system for their residents.

Currently 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 irresponsible 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.

It is obvious certain group of people with personal agendas are taking the opportunity to enrich themselves in the name of providing "neighborhood security".

No private infrastructures to build and maintain, and no amenities /facilities to offer, but the RA still wants to operate a GnG scheme by hiring private security guards which the majority of the community do not want.

It is also a cost the majority of residents do not wish to sustain or maintain. They also don't see the effectiveness or the need for it. Many are against it for other reasons.

One simple way to know if your residence is a formal gated community or not is... if your residence does not have any private facilities to maintain such as swimming pool, gym and clubhouse, then it is not a formal gated community.

Another way to know is... if your residence's amenities such as garbage collection, streetlights and grass cutting are maintained by the local municipal council, then your residence is not a formal gated community.

Say "No" to corrupt RAs that flout the guidelines or break the laws. Do not let them bully the residents and the surrounding communities.

Neighborhood security is beyond the capability of any RA as this responsibility lies with the federal and state governments. Let the authorities do their job.

If the RA is sincere in wanting to promote neighborhood security, they can also activate Skim Rondaan Sukarela under Komuniti Rukun Tetangga, whereby the local police PDRM are involved together with the local community.

Support KRT not GnG, as the latter scheme is divisive and not in line with our National Unity Blueprint 2021-2030 or Keluarga Malaysia concept. Komuniti Rukun Tetangga and Skim Rondaan Sukarela is being promoted by the government to promote harmony and unity in the communities.

Please share this information with others...

Malaysia Prihatin dan

Kita Jaga Kita

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*Please take a look at the summary of key guidelines given by MBSA:

*Penggunaan kad akses automatik adalah dilarang...

*Penghuni yang tidak menyertai skim serta orang awam tidak boleh dihalang sama sekali pada bila-bila masa...

*Pengawal keselamatan TIDAK BOLEH menghalang mana-mana kenderaan untuk keluar masuk, dan TIDAK DIBENARKAN memeriksa atau mengimbas sebarang dokumen pengenalan...

*Pelantikan pengawal keselamatan wajib mematuhi Akta Agensi Persendirian 1971 & keperluan KDN. Pengawal keselamatan mestilah berlesen dan wajib memakai uniform kelulusan KDN. Senarai nama pengawal yang memiliki kelulusan KDN serta maklumat bilangan pengawal keselamatan dan shif kerja hendaklah dikemukakan untuk tujuan rekod Majlis.

*Pemasangan papantanda mengikut spesifikasi yang ditetapkan oleh Majlis mestilah mengandungi semua maklumat asas persatuan penduduk dan skim seperti yang tertera...

*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).