This is the city hall warning to residents who have illegally created gated communities.
Mayor Datuk Mohd Naim Nasir said it has identified 14 housing estates that have illegal fencing.
“We have issued three notices to three housing estate communities in the last two weeks. We will take action against the other 11 soon.”
He said records showed that none of the 14 housing estates had sought approval before installing the fences.
He warned that the city hall would in future tear down fences without giving notice.
Mohd Naim said this on Tuesday after launching SP Setia Bhd “Road to Charity” drive at Setia Tropika.
He said the council had no choice but to act against offenders as such fences had caused inconvenience to adjoining residential estates.
He said only standalone housing project that is isolated from other residential or business areas would be allowed to have a gated community.
“We know residents put up such fences to ensure their safety and security. However, this is not allowed.
“Alternatively, they should organise a neighbourhood watch like Rukun Tetangga.”
He said any housing estate that set up the neighbourhood watch scheme would be entitled to a RM4,800 subsidy to buy equipment such as torch lights.
Source:
https://www.hba.org.my/main.htm
03/03/2007
The Star
By Meera Vijayan
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No legal right to block public road
Your report on gated and guarded communities and its current popularity (StarMetro May 10) did highlight one point which is an issue for concern as well.
The point mentioned is the right of passage of roads.
I am staying in Bukit Jalil and in order for me to access my house, I have to travel through Jalan 7/155B across Taman Esplanad to connect to Jalan 3/155B.
The problem is that this public road has been blocked by the residents of Taman Esplanad by erecting a barrier to stop outside vehicles from entering the public road.
Each time, I have to seek permission from the guards to get access through the public road to reach my house at the other end.
Sometimes the guards are not so obliging and I have to argue my way through. This is really getting out of hand at the public ‘sexpense.
I understand the residents of Taman Esplanade’s concern over security, but to block off a public road and cause inconvenience to others is not a solution.
Furthermore, they have no legal right to erect the barrier on a public road, especially so if it is used by other residents to gain access to their home via the same road and also there are bus stops located along the road.
Is the local authority able to act on this since the area is under the purview of DBKL?
LWS ,Kuala Lumpur
Source:
https://www.hba.org.my/main.htm
24/05/2007
The Star
First and foremost, gaining entry into "private property" such as a formal gated community... is different from gaining entry to "public property" such as an informal GnG residence. People need to know the difference.
Licensed security guards on duty at a "formal gated community" have the right to ask visitors for MyKad or driving license for recording purposes.
However, security guards at an "informal gated community" do not have the right to do so. In the first place they have no right to block anyone from access to any "public property" residences. The roads do not belong to the RA.
(For example, some ethical RAs of informal 'GnG' residences in PJ only instruct their security guards to take down the vehicle's registration no - which is in accordance to MBPJ's guidelines).
Ethical RAs will follow the guidelines and "the rule of law" but corrupt ones will not as they have their personal agenda. People who are not aware of their rights or the laws will be bullied.
As for informal gated communities (non private property), they have no right to ask for your IC or driving license. (They have no right to stop you from gaining access to a "public property" in the first place - it is illegal for non-strata properties to block roads and then ask for your MyKad details).
RAs, please take note that the above is an offence reportable to the police PDRM.
All "informal G&G residences" under "individual-title" are categorized as under public property and not private property. (Examples here would be all the double-storey link houses in Setia Alam and Bandar Bukit Raja).
Know your rights - the security guard cannot stop you from entering an 'informal GnG' residence (public property), or ask any resident to register each time they want to go home even if they do not join the RA's questionable scheme.
They also have NO right to ask the public for their MyKad or driving licence when they want to enter any public property such as an informal gated community residence. (That's why it's being termed as "public property" - it belongs to the public, no need for MyKad).
[Only security guards on duty at "formal G&G residences" can ask for your MyKad or driving license. They have the right to do so at "private property" or "strata-titled properties" such as condominiums and formal gated communities.
They can ask for your identity for the sole purpose of recording your particulars and then returning it immediately, if you want to gain access to visit your friends or family there. They also cannot retain your MyKad or take a picture of it. (An example of a 'formal gated community' would be Setia Eco Park).
(No one can ask for your MyKad or driving licence except for officers of the government on duty such as the police, customs, immigration, military, etc. under Peraturan 7 - KDN) You can report this offence to PDRM.
*[Pengawal keselamatan yang bertugas di kediaman awam (termasuk komuniti berpagar tidak formal - tidak dibenarkan meminta dokumen identiti seperti MyKad ataupun lesen memandu daripada pihak awam. Mereka hanya dibenarkan meminta dokumen identiti pelawat (bagi tujuan rekod butiran) di premis persendirian sahaja seperti di kondominium dan komuniti berpagar yang formal.]
*[Peruntukan Peraturan 7 Peraturan-Peraturan Pendaftaran Kebangsaan 1990 memperuntukkan bahawa hanya seorang pegawai pendaftaran, pegawai polis, pegawai kastam, pegawai tentera atau pegawai lain yang diberi kuasa bertulis oleh Ketua Pengarah Pendaftaran sahaja yang dibenarkan untuk meminta dan memeriksa identiti seseorang dengan mengemukakan kad pengenalan.]
