Please be informed that the implementation of automated proximity/ access card system by the RAs in BBR are unlawful and illegal as they do not have the proper approval from the council. In the first place the RAs here do not have enough consent from the residents.
Fyi, auto access/proximity card system can only be implemented in strata-titled properties or private residences. (It is only allowed in formal GC schemes - it is prohibited in all types of informal "GC" schemes or GN schemes).
This entire neighbourhood consisting of Sime Darby Property's double-storey link /terrace houses is a non-strata, non-private development. (To all RAs in BBR - these are just informal "GnG" schemes; or categorized as Guarded Neighbourhood (GN) schemes only - so please do not flout the laws to bully the communities).
Many residents are fuming over the RAs' selfish agenda, causing lots of grievances, disharmony and inconveniences to the communities.
If you are being stopped by “security guards” at the boom-gate from moving in and out, this is what you can do:
1. Tell them they have no right to ask for your MyKad or driving license or to stop you. (It is illegal and it is an offence reportable to PDRM). Tell them it is illegal for them to block public roads. Tell him you will have to make a police report if they don’t let you through.
2. Please make a police report at the nearest Balai Polis Bukit Raja Klang Utara (Tel: 03-3345 2222) if they do not listen to you. (You can try to request to speak with the RA chairman /committee, but take down their name and contact no. for/if any further actions).
3. Either lodge in a public online complaint (e-aduan) to MPKlang or do it at the MPKlang counter there. You can also e-mail your complaint directly to the President of MPKlang.
1. Tell them they have no right to ask for your MyKad or driving license or to stop you. (It is illegal and it is an offence reportable to PDRM). Tell them it is illegal for them to block public roads. Tell him you will have to make a police report if they don’t let you through.
2. Please make a police report at the nearest Balai Polis Bukit Raja Klang Utara (Tel: 03-3345 2222) if they do not listen to you. (You can try to request to speak with the RA chairman /committee, but take down their name and contact no. for/if any further actions).
3. Either lodge in a public online complaint (e-aduan) to MPKlang or do it at the MPKlang counter there. You can also e-mail your complaint directly to the President of MPKlang.
Automated Access Card System is already being prohibited by all the local councils (eg. MBSA, MBPJ, MPKlang) unless the Persatuan Penduduk (RA) has 100% consent from all the residents which they do not have. Not even close. So, do not be fooled by your RA into joining their informal GC schemes that are breaking the laws.
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Can security guards ask for your MyKad or Driving License (even just for recording purposes only)?
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 people should know the differences.
Due to the lack of understanding and awareness by the public, the 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.
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
"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.
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)
However, all formal gated communities 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.
Therefore, only formal gated communities have the right to block roads and demand visitors for their MyKad or Driving License. So, only licensed security guards on duty at formal gated communities can ask for your MyKad or Driving License for recording purposes only (and even so, they have no right to retain/hold your MyKad or driving license - Regulation 8A)
This is as clear as it can get... hope this helps!
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Zero objection requirement for new gated and guarded housing applications in Selangor
New applications for gated and guarded communities in Selangor will only be considered provided there is no objection from any of its residents. Under the new ruling, Yazid said approval could be given to applications with 100% consent from residents from a particular area. Klang Municipal Council president Datuk Mohd Yazid Bidin, who confirmed receiving the circular, said the new ruling would be implemented in Klang with immediate effect. Even if there was one objection from a resident, he said the council would not process the application.
The new ruling is with immediate effect following a change in policy by the Selangor state government, which earlier granted approval for gated and guarded applications based on 85% consent. The State Housing Board sent out circulars to all 12 local authorities on the new ruling. “However, the council will take the gesture of silence from the residents as consent,” he said, adding that it was up to the residents associations and property owners to sort it out.
Yazid said all the pending gated and guarded applications from various parts of Klang would be put on hold and the applicants would be required to meet the new criteria. However, he added the ruling for guarded communities remained at 85% consent from the residents. "I hope the residents asociations will comply with the new ruling,” he said.
METRO NEWS By Elan Perumal - Friday, 31 Mar 2017
https://www.thestar.com.my/metro
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New gated rules in Shah Alam - 100% agreement for auto gates and more
THE Shah Alam City Council’s (MBSA) amended guidelines for the gated-and-guarded scheme is aimed at streamlining the process and avoiding confusion. The amended guidelines are based on the state government’s recommendations, which were sent to 12 local councils.Shah Alam city councillor Foong Saik Hoong said the guidelines were meant to resolve or avoid untoward issues.
Among the new stipulations is 100% approval from residents for automated gates and access cards. Approval for manual boom gates is 75%. Barricades, which must be removable, are only permitted between midnight and 6am. A guard has to be on duty by the barricade at other times in the event of an emergency. Security guards are also not allowed to take away the driver’s MyKad or other documents. Fencing is also not allowed unless the area is located near a highway, road, river or monsoon drain. “If there is a need to fence up the area, residents will have to apply to change the land status to strata but this means all maintenance work will be their responsibility instead of the council’s,” said Foong, adding that this would comprise road maintenance and rubbish collection.
“The conflict often happens with individuals who have personal agendas. Foong pointed out that some stipulations in the amended guidelines conflict with federal law such as the Street, Drainage and Building Act 1974 Section 46 that do not allow temporary buildings or obstructions without approval. RAs will also not be allowed to block any road permanently or remove pavements to redirect traffic. Foong said approval for the guarded schemes was previously valid for two years.
METRO NEWS, By Priya Menon
Friday, 7 Jul 2017, https://www.thestar.com.my/
