"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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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!
Many so-called gated communities (GC) are in fact, not exclusively gated, as the common areas such as internal roads and vacant land within the residence do not belong to the residents.
Among the confusion of certified GnG (Gated & Guarded), GC (Gated Community) in strata properties and GN (Guarded Neighbourhood) in non-strata properties, the central feature of GCs is the social and legal frameworks which form the constitutional conditions under which residents subscribe to access and occupation of these developments, in combination with the physical feature which make them so conspicuous.
Legally speaking, outsiders who are not living there can still demand access into the residences under the provisions of various Acts and Laws such as under the Road Transport Act.
Security is a complex and costly matter. Communities who have invested heavily in their neighbourhood security such as RFID card based entries and exits are just to make you feel like you are in office, even though you are at home. (That was sarcasm by the way, in case you didn’t get it). Then there are Boom Barriers (or boom gates), just to give you the feel of the Toll plaza. (Again, sarcasm here.)
Data has suggested that gated communities’ rights and responsibilities are, by and large confined to legalities rather than extending to a commitment to enhance social networks either within the development or in the adjacent wider community exacerbating the effect of physical and social barriers between residents within and the wider communities.
Gated communities appear to provide an extreme example of more common attempts to insulate against perceived risks and unwanted encounters. The time-space trajectories of residents suggest a dynamic pattern of separation that goes beyond the place of residence.
Gated Community further extend contemporary segregatory tendencies, and that policy responses are required that will curtail the creation of such havens of social withdrawal. Many of us don’t even bother to get to know our neighbours, so what is the big deal living in a gated community?
Gated communities serve no purpose unless “100% prison or military-like” process of identification and registration is adhered to and monitored 24/7, and without prejudice and favour to any particular group of people.
It is a sad reflection of society that we think we need gated communities to improve security. Nobody likes gated residential areas as they cause a lot of inconveniences when visiting relatives and friends living in those areas, as you need to present your IC and wait for the registration process, etc.
It’s still okay to go through such registration process provided those are certified Gated and Guarded (GC) private strata properties, as you have no choice here.
However, as for those non-strata properties/residences that have implemented their own GC schemes via their RA, it is not acceptable at all, as these terrace houses (link-houses) are under individual titles and classified as public property, not private.
These non-strata gated communities by unscrupulous RAs have blatantly flouted all the local guidelines and laws - and they are the main problem now. They are the ones to be blamed for residents' bickering, unhappiness, and segregation.
Another con is that most if not all boards (RA committees) go bad as far as they and their friends are above the rules. It is very easy for the board (RA) president to skim money from the padded bill and countless other ways to steal.
Living in a gated community means signing up to a legal framework which allows the extraction of monies to help pay for maintenance of common-buildings, common services, such as rubbish collection, and other revenue costs such as paying staff to clean or secure the neighbourhood.
Another con is that most if not all boards (RA committees) go bad as far as they and their friends are above the rules. It is very easy for the board (RA) president to skim money from the padded bill and countless other ways to steal.
Living in a gated community means signing up to a legal framework which allows the extraction of monies to help pay for maintenance of common-buildings, common services, such as rubbish collection, and other revenue costs such as paying staff to clean or secure the neighbourhood.
Many do not believe in gated communities. Why does the work of the police, who are entrusted to uphold security and safety, need to be done by others, and the people have to pay for them? Besides, even with GnG, there are still thefts, break-ins and other crimes happening.
Many people do not like to be asked so many personal questions and they do not like to leave their personal details with private security guards (some of which looks more like gangsters than guards), especially when at times they are in a hurry. Friends and relatives also prefer not to visit anymore, due to this troublesome inconvenience at the guardhouse.
GnG, all forms of Gated Communities (GC) and Guarded Neighbourhood (GN) must be government-controlled so that unscrupulous parties cannot take matters into their own hands and implement as they like. This is also to avoid them taking advantage of the situation in reaping in profits and burdening the rakyat.
The government needs to step in to make every district safe via the police force or some security arrangement. Citizens should not need to pay additional amounts for the security of their homes and families.
The people should not have to worry and leave their homes and families to “work out” the security and safety issues of their neighbourhood.
The laws must be followed through - police must carry out their responsibilities accordingly and law breakers must be punished.
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Many so-called "Gated Communities" are in fact not formal gated communities at all.
First and foremost, gaining entry into "private property" such as formal gated communities or condominiums... is different from gaining access to "public property" or informal GnG residences. People need to know the difference.
Licensed security guards on duty at "formal gated communities" have the right to ask visitors for identification for record purposes only. However, security guards at "informal gated communities" do not. In the first place they have no right to block anyone from access to any "public property" residences.
(For example, MBPJ guidelines only allow the security guards at informal "GnG" to take down the vehicle's registration no - that's all). Ethical RAs will follow "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).
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 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. (Examples of formal gated community here 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 "G&G" 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.]
Many RAs have been flouting the laws and guidelines to implement GC scheme on their own. How they claimed to have obtained the approvals from the authorities is anyone's guess. Or perhaps they did not get the necessary approvals at all. Most of the time the requirements are not met. Are these RAs corrupt or do they have their own agendas? Some of the RAs went ahead to implement GC schemes despite only obtaining approval for a GN scheme. Some don't even know what scheme they can or cannot apply.
