Beware of illegal GnG schemes by corrupt RAs that are flouting guidelines and making residents pay
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):
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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 and etc. that are managed by management corporation or JMB).
- Guarded Neighbourhood (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, there are many so-called "Gated Communities" which in fact are not legal gated communities at all. These are identified as "informal gated communities". 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 illegally stopping the communities and vehicles from moving in/out
- Security guards illegally 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.
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"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. 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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Dalam mewujudkan masyarakat yang inklusif dan 'cohesive' sepertimana yang dinyatakan dalam Dasar Perbandaran Negara Kedua - Prinsip 4: Pembangunan Bandar Yang Inklusif dan Saksama, skim komuniti berpengawal adalah tidak digalakkan. (Ia merangkumi semua jenis skim komuniti berpagar 'informal').
Kesejahteraan komuniti dan perpaduan masyarakat mesti diutamakan, bukan kepentingan setengah pihak sahaja. Kita semua mestilah memupuk nilai-nilai murni 'Keluarga Malaysia' dan bukan sebaliknya. Malangnya skim-skim berpagar 'informal' ini telah menimbulkan pelbagai masalah kepada komuniti setempat dan penduduk sekitar.
Kebanyakan skim-skim berpagar haram ini mempunyai anasir jahat yang dikuasai oleh kongsi gelap. Mereka tidak hormat kepada "Rukun Negara - Kedaulatan undang-undang". Ini juga merupakan musuh utama negara kerana ia adalah perosak kepada kesejahteraan dan perpaduan masyarakat.
Anda boleh membuat aduan kepada MBSA sekiranya:
- anda dihalang pengawal keselamatan / tidak dibenar untuk memasuki taman perumahan berkenaan
- anda diminta dokumen pengenalan seperti MyKad atau Lesen Memandu
- sistem kad akses automatik yang dilarang digunakan
Anda juga boleh membuat aduan kepada Kementerian Dalam Negeri sekiranya:
- Pengawal keselamatan yang bertugas meminta dokumen pengenalan pihak awam
- Pengawal keselamatan diambil tanpa memenuhi syarat-syarat Akta Agensi Persendirian (Lesen di bawah Seksyen 3 Akta No. 27/71)
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We hope the new KPKT minister will address poor local government policies and enforcement on informal GnG schemes
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 the local council. This type of informal gated communities run by RAs are divisive, a hindrance and a nuisance. Some say this type of illegal "GnG" only benefits the black market or syndicates - profiteering under the guise of providing neighbourhood security.
We hope the new government will implement housing policies that are inclusive, harmonious and in line with our National Unity Blueprint.
It's also time to tackle the proliferation of illegal gated community schemes that are plaguing the country and causing so much problems for the communities. The government must put a stop to informal gated communities in non-private properties (operated by RAs) that are breaking multiple laws.
The rights of all law-abiding citizens must be respected. (Haksaksama dan Kesejahteraan Komuniti). Informal or illegal gated community schemes are divisive and a hindrance in today's society.
We need new policies that prevent certain quarters from taking advantage for their own selfish agenda and duping residents into signing up and paying "security" fee every month. (The govt must always try to help the communities on the costs of living too).
What the majority of residents thought they wanted initially... now have become the minority (continue to pay monthly "security fee" for as long as they are living here).
To ensure that such schemes are operated within guidelines with sufficient consent and based on what the majority of the residents truly want, we hope the following new amendments will be included into the requirements by the Local/ Municipal Councils before approvals are given:
- Fresh new written consents from the residents must be obtained up-to-date yearly and officially, and not only once during the initial application by the RA. It must reflect the current consents given by the residents every year, and not based on incorrect outdated consents given years ago. (This is because majority of the residents do not know what they were getting into at the beginning or were misguided. Also many residents prefer to drop-off the scheme along the way; some have moved out; and some do not want the scheme later on for obvious reasons after being coerced earlier on without any knowledge on the matter.
- A booklet containing all the relevant information on Guarded Neighbourhood schemes and KRT (Kawasan Rukun Tetangga with Skim Rondaan Sukarela (SRS) or Voluntary Patrol Schemes should be published and made available to all the residents before deciding whether they agree on what to sign up or not. The information should include the legality of the schemes, any related laws and acts (eg: Akta JPJ, Akta JPBD, etc.), the guidelines from the municipal council, what the RA and security guards can and cannot do, what is allowed, what is illegal, the rules, regulations, requirements, etc.
- Other information on the different types of properties such as strata vs private vs non-private, explaining the basic differences between them; management corporation vs joint management body vs residents association; KRT vs GnG schemes, Rukun Tetangga Act, input from Jabatan Perancangan Bandar dan Desa (JPBD), and the recommendation from PDRM, etc.
- Other information explaining the differences in the various gated and guarded schemes available in the country (gated community scheme vs guarded neighbourhood scheme); etc.
- Approval requirements, enforcement, implementation of scheme, etc.
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Seperti terkandung dalam Garis Panduan PLANMalaysia 2019 yang diterbitkan oleh JPBD, "Dalam mewujudkan masyarakat yang inklusif, 'cohesive' dan saksama, sepertimana yang dinyatakan dalam Dasar Perbandaran Negara Kedua - Prinsip 4: skim komuniti berpengawal adalah tidak digalakkan dalam jangka masa panjang."
