IF YOU are living in a gated-and-guarded neighbourhood in Petaling Jaya, chances are the guard booths and boom gates erected to deter criminals are in violation of local government guidelines.
StarMetro has learnt that there are 181 residential areas with guard booths throughout the city of Petaling Jaya, designed to restrict access and monitor visitors.
According to Petaling Jaya City Council (MBPJ) public relations officer Zainun Zakaria, only 18 residents associations (RAs) of the 181 have applied to erect guard booths.
Besides the guard booths, even the boom gates and other access control methods employed in these gated-and-guarded schemes are technically illegal as they do not comply with MBPJ’s Planning Development Department’s guidelines.
The letter dated July 2 stated that following investigations, it was discovered that guard booths had been constructed without approval, together with permanent barriers placed at certain roads connecting the section with another.
Automatic gates requiring the vehicle driver to reach out and press a button to exit the housing section were also installed on the one road permitting entry.
According to the notice, these obstructions on public land contravened Section 46(1)(a) of the Streets, Drainage and Building Act 1974.
Bura has been given 14 days from receipt of the notice to remove the structures.
Zainun said the council would act if the association had not taken them down.
A check on Aug 2 revealed that the autogate was still in operation while permanent barriers were still visible.
Other than Bura, another RA in Ara Damansara was given a similar notice on July 2.
MBPJ Planning Development Department’s guidelines are based on documents issued by both the Housing and Local Government Ministry and the Selangor Housing and Property Board (LPHS).
A copy of the guidelines obtained by StarMetro also had photographs of what were considered “Permitted” and “Non-Permitted” forms of gated-and-guarded buildings.
For example, while guard booths placed in the middle of the road are disallowed, exceptions are permissible if there is a 50m reserve, depending on the size of the booth and the requirements of security agencies.
Other examples in the guidelines also include aesthetic conditions for the booths, and differentiating between “manual” boomgates which require a security guard stationed 24 hours, and permanent obstructions.
Coincidentally, it was current Petaling Jaya Mayor Datin Paduka Alinah Ahmad who oversaw the formulation of the guidelines by the housing board during her stint as chief executive officer of LPHS.
“We did a ‘roadshow’ last year to explain the new guidelines to the RAs,” said Zainun.
However, as of Aug 1, it is learnt that only 18 RAs had applied for approval from the council.
Major violations of the guidelines include the placement of permanent obstructions, which could be fatal in an emergency.
“Fire engines and ambulances will have a hard time getting through. They are supposed to reach the area using the shortest route.
“Also, no one can bar entry on a public road,” Alinah said.
As Hari Raya Aidilfitri is just a few days away, the council has stated it will not take action yet as break-ins are more prevalent during the festive period.
“Safety is an issue as many residents will be out of town,” said Alinah.
The mayor also said that the council would be sending out notices, similar to the ones received by the Bandar Utama and Ara Damansara RAs, to the other errant schemes after Hari Raya.
“They will also receive the same 14-day period to remove the boomgates,” she added.
Housing associations can still apply to legalise their gated-and-guarded schemes within the two weeks.
“We will try to help where we can but not in cases where structures such as automatic gates or permanent barriers that cut off access from another road, are involved,” she said.
There is 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.
Due to the lack of awareness by the public, corrupt RAs have been taking advantage of this grey area to coerce residents to sign up/pay for their bogus schemes that are breaking the laws.
So now, some people ask... can security guards ask for your MyKad or Driving License for identification (even just for recording purposes)? And the other related question is, can they block public roads or stop you from entering? How about the usage of auto access card system?
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 shouldn't be mixed up. There is a big difference between "formal" gated communities and "informal" gated communities...
All "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.
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.
First and foremost, gaining entry into a "private property" such as a formal gated community or a stratified condominium is different from gaining entry to a "public property" such as an informal GnG residence. Both schemes are very different and people ought to know the difference.
Security guards at an "informal gated community" do not have the right to ask visitors for MyKad or driving license. It is against the law and it is an offense (Regulation 7).
In the first place they have no right to block anyone from access to any "public property" residence. It is illegal to block public roads as the roads do not belong to the RA or any particular group of residents. [Sek 80 Akta Pengangkutan Jalan 1987 (Akta 333) dan Sek 46 (1) Akta Jalan, Parit & Bangunan 1974]
The usage of auto access card system at informal GC is also prohibited and illegal.
Only licensed security guards on duty at a "formal gated community" and/ or a stratified condominium have the right to ask visitors for MyKad or driving license for identification and recording purposes. Only formal gated communities (strata or private properties) can legally block roads and implement auto access card system for their residents.
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Can security guards ask for your MyKad or Driving License (even just for recording purposes only)?
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 run by RA in non-private housing areas are not legal gated communities at all. Actually, these so-called "GnG" schemes implemented by the RAs are against the laws and guidelines. They have no right to ask for anyone's ID.
However, formal gated communities (private properties) 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. So, they have the right to ask visitors for their ID such as MyKad/ driving license for taking down the details.
Security guards at an "informal gated community" do not have the right to ask visitors for MyKad or driving license. It is against the law and it is an offense.
Only licensed security guards on duty at a "formal gated community" or a stratified condominium have the right to ask visitors for MyKad or driving license for identification and recording purposes.
Pengawal keselamatan yang bertugas di kediaman bukan swasta (termasuk di komuniti berpagar yang tidak formal) tidak dibenarkan untuk meminta dokumen identiti seperti MyKad ataupun lesen memandu daripada pihak awam.
Tetapi pengawal keselamatan yang bertugas di premis persendirian (seperti di komuniti berpagar yang formal, kondominium dan bangunan swasta) dibenarkan untuk meminta dokumen identiti pelawat bagi tujuan rekod butiran.
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.
"Syarikat Kawalan Keselamatan hanya boleh meminta dokumen identiti pelawat semata-mata bagi tujuan semakan dan rekod kemasukan ke premis persendirian dan kemudian mengembalikannya kepada pelawat selepas identiti mereka direkodkan."
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.
This is as clear as it can get... hope this helps!
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If you are someone who are denied access to a (non-private /non-strata) residence whether to visit your family, friend or simply just going home, you can lodge a complaint with your Municipal /Local Council and/or PDRM.
If you are being stopped by the security guard and asked to produce your ID such as MyKad or Driver's License, you can lodge a complaint with your Local Council and/or PDRM.
If you are a resident or someone who encounters problems with the security guards (or have been harassed from moving in and out freely) just because you don't subscribe to their scheme, you can lodge a complaint with the authorities.
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Below are other similar comments by Selangor residents pertaining to informal GnG schemes in Subang Jaya...
5 comments:
USJ 2 Resident said...
The law is there for a reason, MPSJ should just execute the law. Whether or not G&G is good or bad is not a decision for an individual or even a collection of individuals who work at MPSJ.
All G&G's should be torn down as they are illegal. Placating the dominant few who feel they are right in setting it up is biased. Who audits the validity of approvals that the RA can just easily claim but not easily defend.
The law is there, abide by it.
March 2, 2010 at 9:13 PM
Anonymous said...
Police reports have been made against the illegal blocking of public roads in USJ2, USJ4 Tudor etc but nothing has been done. Recently residents have even protested in front of TV cameras.
This madness to fence up, gate up and taking over of public roads by a few selfish residents has gone out of hands. Many people are angry with the DAP leaders for originally advocating this.
March 8, 2010 at 10:38 AM
Anonymous said...
commitee members are just out to make a fast buck. I am a resident of USJ2 but i don't know who are the committee members & also who elected them? Why must I support an action that is considered illegal. If Rajiv really want to be reappointed in future he must get MPSJ to stop the nonsence. How many residents are willing to accept a $600.00 increase in assessment pa. I am of the opinion that if all agree to an increase in assessment then MPSJ can afford to employ more enforcement officers to overtake security arrangents for subang jaya.having foreigners guarding the neighbourhood is not a solution & having committee members threatening residents who don't support them is extremely bad bad bad
March 11, 2010 at 9:53 PM
rajiv said...
You don't have to pay a single sen if you choose to. Please report incidents where the committee has harassed any resident into paying.
March 11, 2010 at 10:22 PM
USJ 2 Resident said...
Just because payment is optional, it doesn't mean that non-supporters of GnG must tolerate its over-zealous and vigilante neighbours.
MPSJ should abide and execute the law as it stands, personal opinions of its staff are irrelevant. Rajiv, it's obvious to me that you support GnG, otherwise USJ 2 would be barrier free by now.
Isn't there already sufficient evidence or at least doubts that the 85% minimum for support has not been achieved in USJ 2? How can MPSJ trust an RA and its claims? I've never been asked by anyone whether or not I support the GnG. Furthermore, the RA is set up solely for the GnG, obviously by its supporters. In fact, joining the RA requires you to pay an equivalent amount to what the GnG group is asking for. And yet, MPSJ listens to them just because they claim to speak on behalf of the community.
TV3 has covered this incident, residents have signed protests. What more do we need to do as it seems that MPSJ is blindly allowing GnG in USJ 2 just because its councillors stand by the idea?
The law is clear on the matter. I don't pay my assessments and my taxes to fund enforcers and councils to decide on which law to enact. If I as a Malaysian are bound by all laws, so is MPSJ. It really is as simple as that.
March 12, 2010 at 4:02 PM
