Non-strata Gated and Guarded Communities are unlawful?

Firstly, the manner in which the RA obtains sufficient consent from the residents currently is questionable and not transparent.

What type of scheme is the RA going to operate? What can they do and cannot do? What are the laws and guidelines? 

This is a crucial first step to determine the percentage of residents who want to have the RA's proposed scheme versus those who don't want to have any type of scheme in their neighbourhood.

Also there might be residents who prefer to have other type of schemes such as Kawasan Rukun Tetangga or Community Policing. 

Many a times the percentage of residents who "want" to have a "GnG" scheme is biased and incorrectly given by the RA. Everything is hearsay, vague and not clearly defined.

The residents' consent must also be obtained in a neutral, no influences and no-pressure environment. If possible all letter of consent to be sealed and sent directly to the Local Council's office - and not handed over to the RA for processing.

(It will be even better if a Local Council representative/officer  can oversee this important procedure, and not left to the RA). 

The residents must not be in any way be-influenced, given wrong-info or "coerced" by the RA into joining.

But how are the residents going to make this decision wisely if they do not have any information at all regarding this matter? So the suggestion is, they must be briefed on the different types of schemes available together with the pros and cons of each scheme. 

What about residents who want to drop out of the scheme later on? Then what happens next?

The residents must be given all the information on the differences, legality and limitations between a Gated Community versus a Guarded Neighbourhood. Also information on what the RA can and cannot do with regards to their non-strata neighbourhood GnG scheme.

Other schemes such as "Community Policing" and KRT's "Skim Rondaan Sukarela" (Rukun Tetangga) should also be introduced and given information to the residents. 

Grants and benefits given by the government for KRT, PDRM's involvement and support for Skim Rondaan Sukarela, and other information should be included as well.

  

Normally only a small group of residents want the GnG scheme in a non-strata neighbourhood. The silent majority don't. Many a times the residents don't even know what they are getting into. But once the signature being given it's already too late.

We believe the proliferation of Gated and Guarded Community Schemes in the country actually is not an organic growing trend but the unscrupulous nature of a small group of people in non-strata neighbourhoods who see this as an opportunity to make money for themselves for the long term, in the name of providing "neighbourhood security".

Of course there were also thugs, gangsters and syndicates involved in some cases in Selangor as reported in all the major newspapers exposing how the Malaysian gangsters legitimize protection racket through security guard services sometime back.

Once the RA has obtained the approval to operate their GnG scheme, they will never ever give it up because getting the approval to operate is like getting a goldmine. Giving them the approval is also like giving them the license to collect monthly fees from the residents. 

So, the approval for their scheme must be reviewed annually as to make sure they comply and that all the residents is still happy.

By right the government should put a stop altogether to such public nuisance and to stop certain quarters from taking advantage. This will also put a stop to gangsters fighting for turf. 

All informal GnG at non-strata neighbourhoods should be banned until a new wholistic National Blueprint on this subject is out. 

There is no place for selfish agendas and little Napoleons anymore today. National Unity is far more important than having GnG in our non-strata neighbourhoods.

Also, enforcement officers should be deployed to check and audit the RA and residences periodically if the local council chooses to approve them. You just simply can't approve them and then never check on them again and let them do what they want. 

Sometimes even the different government agencies officers don't actually know the status of each residences when someone makes a police report or lodge a complaint - thus they don't know how to take action. 

Currently RAs are taking advantage of the chaos in the system involving many different government agencies. 

As you know the RA applies to the ROS for approval; the security guards permits are by the Homeland Ministry; but the policies are by the Housing and Local Government Ministry - Plan Malaysia (Town and Country Planning Department); the circulars by the State Housing Board; the security advisory by the police district chief (PDRM); but the final approval and jurisdiction is by the different Municipal or Local Councils.

How about enforcement and compliance? So when something goes wrong how do we go about it and who is to take action? Seems there is lack of accountability here and a lot of confusion.

To those who insists they must live in a gated community to feel safer, they can always move to a proper legal strata residence.

Now let us look into the requirements of a proper GnG legal strata gated community. 

They also have 100% consent from all the residents either by signing a DMC (Deeds of Mutual Covenant) or/and the Sale and Purchase Agreement. 

So how come the non-strata residences or private-property neighbourhood only require 85% or less? It doesn't make sense here.

The government must always safeguard the interests and well-being of the majority not the minority!

Putrajaya has already published good and clear guidelines for non-strata neighbourhood gated and guarded community scheme - why don't all other Local/ Municipal Councils just follow and standardize?

To all state housing and local government committee chairman working on this long-overdue problem, please take your time to consider all the above points contained in this blog. Thank you.

Sincerely,

For the many not the few!

The invasion of illegal foreign security guards and our privacy/ personal data breach in our own neighbourhood

*To read full article click here:

RAs are making huge profits every month and should be made to adopt e-invoicing for transparency and to reduce corruption

In response to the article as below, we beg to differ... RAs that operate GnG schemes are actually making lots of money quietly. And RAs should be made to adopt e-invoicing too because they are taking in huge profits from the residents. By right they should not even be regarded as non-profit organizations (This is a giant loophole for unscrupulous RAs to make money by bullying the residents into paying monthly maintenance fees for their informal GnG schemes despite no facilities).

Certain quarters are reaping in massive amounts of profits quietly tax-free from this shadow economy. No wonder there is a proliferation of informal gated/guarded community schemes everywhere in Malaysia. Many are run by syndicates and thugs, as this has become a multi-million ringgit black industry in the country.

It's time the government did something about this menace and we fully support the government's move that requires them to adopt e-invoicing. Afterall they are reaping in massive amounts of money in the name of non-profit entities without anyone knowing.

To all paying residents... please make sure you get your monthly e-invoices from your RA. (Only legitimate RAs will issue you e-invoices)

*To read full article please click here:

Putrajaya has the best GnG guidelines for Non-Strata neighbourhoods

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Is your RA hiring illegals? They don't care about security. RA simply hire guards to make a profit

How is the Selangor State Gov going to address illegal Gated Communities with no Planning Permission?

Soon, all Local Councils' procedures, practices and processes will be streamlined for a more systematic management and enforcement... by standardizing the various guidelines; planning permission and legislations; checklists for application submissions; license approvals; the lodging of complaints and apps; engineering, technical and building plans; the coordination of district boundaries/local authorities; contractors and tender management; and advanced delivery systems for all stakeholders and taxpayers.

By providing a clear standard of reference for all, this will reduce any grey areas and help curb any corruption... paving the way for better planning, coordination and enforcements. At the same time this will address illegal developments with no planning permission, such as the proliferation of illegal Gated Communities in Selangor. Now there is no more excuse for the lack of enforcements.

Unscrupulous RAs operating unlawful gated community schemes that do not follow the new SGKV blueprint guidelines would be taken action immediately. Certain quarters with selfish agendas that do not respect 'the rule of law' and do not respect the community will no longer be able to do as they wish or take advantage of the residents and victimize the community.

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We hope the new KPKT minister will address poor local govt policies and enforcement on all informal GnG schemes (GnG schemes with No Planning Permission)

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 have gone further by implementing auto access card system for the neighbourhood that majority of the residents do not want. Now, this is the problem!

The above procedures introduced by the RAs are clearly against the laws in normal terrace or link houses under the jurisdiction of local councils. This type of informal gated schemes with no planning permission from the authorities that are run by RAs, are actually unlawful and a nuisance in public housing schemes.

Some say this type of illegal "GnG" only benefits the black market or syndicates - profiteering under the guise of providing neighbourhood security. The rights of all law-abiding citizens must be respected. (Haksaksama dan Kesejahteraan Komuniti). Many informal gated schemes in Selangor are not only illegal but are divisive and a hindrance in today's society.

We hope the new government will implement new housing policies that are inclusive, harmonious and in line with our National Unity Blueprint. And most importantly the authorities must protect us (the tax-paying residents) from unscrupulous individuals who want to enrich themselves in the name of providing neighbourhood security.

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. 

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 also try to help the communities on the costs of living and to eradicate "black economy").

What the majority of residents wanted initially... now have become the minority (continue to pay monthly "security fee" for as long as they are living here). 

Proposed New Local Government Policies:

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:

1. Fresh new written consents from the residents must be obtained up-to-date yearly, officially, in a neutral environment without any pressure or influence, and not only once during the initial application by the RA.
2. 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. 
3. The continuity of the scheme should also be based on the level of satisfaction and approval of the local community in terms of ethical conducts by the RA, guidelines adherence by the RA, community services and the compliance with the Rule-of-Law.
4. A Notice Board containing all the updated relevant information must be put up near the entrance or guardhouse for the residents/public/authorities information - with details of the scheme and RA (e.g. the entire RA committee members' name, address, contact no, email, in addition to the scheme's type, approval period, security guards/company details, etc.)
5. A booklet containing all the relevant information on Guarded Neighborhood 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.
6. 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.
7. Other information explaining the differences in the various gated and guarded schemes available in the country (gated community scheme vs guarded neighborhood scheme); etc.
8. More rigorous approval requirements audits and residents' feedbacks, etc.
9. Periodical enforcements by the authorities to ensure compliance, etc. 

Landed property developers should also 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.