Absolutely not !!
*Penggunaan kad akses automatik adalah dilarang (hanya boleh dibenarkan sekiranya penyertaan 100% penduduk).
*Pengawal keselamatan TIDAK BOLEH menghalang mana-mana kenderaan untuk keluar masuk, dan TIDAK DIBENARKAN memeriksa atau mengimbas sebarang dokumen pengenalan...
*(Sumber: Dipetik drp Garis Panduan Skim Komuniti Berpengawal terbitan MBSA; Terimakasih & Penghargaan kpd MBSA)
So it is very clear here, that the usage of automatic access card system is prohibited (unless there is 100% consent from residents).
Blocking of vehicles from moving in and out is not allowed.
Non-paying residents cannot be stopped at all from entering their residence at all times.
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So, if you do not subscribe to their scheme and you don't have their access card or car sticker, can the security guards ask for your MyKad/ Driving License (even just for recording purposes)?
The answer is "No". They still have no right to stop you and ask for your ID. (Blocking roads, asking people for ID or using access card system is illegal in all types of informal GnG schemes).
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.
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 should not be mixed up.
Due to the lack of understanding and awareness by the public, corrupt RAs have been taking advantage of the situation to coerce residents to sign up their bogus scheme by flouting the guidelines and breaking the laws.
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. Automatic access card system is illegal and prohibited in all informal gated communities.
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.
Only formal gated communities can legally implement access card system for their residents. They also have the right to block any roads and ask visitors for identification such as MyKad or Driving License in accordance to Regulation 8A.
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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)
Hope this is as clear as it can get!
