This website is created for those who wish to understand a bit more on the subject of Gated and Guarded (GnG) schemes in Malaysia. This website compiles all the related information, guidelines and articles on:
- Gated Community (GC) scheme - for strata title residences or exclusive (private) properties. Usually comes with private facilities such as swimming pool, clubhouse, gym, etc. including infrastructures that are managed by management corporation MC or joint management body JMB. This scheme is compulsory and all homeowners will be made to sign a DMC agreement. Those who don't pay the maintenance fee will be taken to court.
- Guarded Neighborhood (GN) scheme - for individual title (non-private) housing estates. Usually the RA will apply from the local council for approval if they have sufficient consent from the residents. However, the approval comes with many conditions and guidelines. This scheme is voluntary and cannot be forced upon anyone. Residents who did not join or did not pay 'security fees' cannot be discriminated.
However, there are many so-called "Gated Communities" which in fact are not legal gated communities at all. These are identified as "informal gated communities". (These schemes are in fact guarded neighborhood schemes only at most). Many of these schemes which are operated by RAs are actually flouting laws /guidelines, and have been causing a lot of problems for the communities such as:
- Illegally blocking roads that do not belong to them
- Security guards stopping the communities and vehicles from moving in/out
- Security guards asking for people's identification such as MyKad or Driver's License
- Illegally implementing auto gate with access card system for the neighborhood.
Although clear guidelines have been given by the local council, corrupt RAs still flout the laws and guidelines. As a result, this has become a nuisance and a hindrance to many. It is also divisive and has caused the communities a lot of grievances and disharmony.
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 shouldn't be mixed up. There is a big difference between "formal" gated communities and "informal" gated communities...
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.
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.
The implementation and usage of auto access card system at these informal gated communities are also prohibited and illegal.
On the other hand, "formal gated communities" are managed either by management corporations (MC) or joint management body (JMB) in strata-titled residences (private properties). These are legal GnG schemes protected and bound by the Strata Title Act 1985 and the Strata Management Act 2013.
All strata-titled residences will have to implement a Gated Community (GC) scheme to privately manage all its shared facilities, such as car parks, maintenance, security, landscaping, garbage disposal and common areas under the Strata Title Act and Strata Management Act. (eg: Eco Park and Eco Ardence).
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.
And only formal gated communities (strata or private properties) can legally block roads and implement auto access card system for their residents.
Currently 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 irresponsible 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.
It is obvious certain group of people with personal agendas are taking the opportunity to enrich themselves in the name of providing "neighborhood security".
No private infrastructures to build and maintain, and no amenities /facilities to offer, but the RA still wants to operate a GnG scheme by hiring private security guards which the majority of the community do not want.
It is also a cost the majority of residents do not wish to sustain or maintain. They also don't see the effectiveness or the need for it. Many are against it for other reasons.
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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 card 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.
http://www.moha.gov.my/images/maklumat_perkhidmatan/pekeliling_agensi_persendirian/pekeliling_4.pdf
"Syarikat Kawalan Keselamatan hanya boleh meminta dokumen identiti pelawat semata-mata bagi tujuan semakan dan rekod kemasukan ke premis dan kemudian mengembalikannya kepada pelawat selepas identiti mereka direkodkan" - ini hanya dibenarkan di premis persendirian sahaja dan tidak termasuk di kediaman awam. (Sila ambil maklum)*
Justeru, pengawal keselamatan hanya boleh meminta dokumen identiti pelawat yang hendak memasuki premis persendirian sahaja (seperti di kondominium dan komuniti berpagar yang diwartakan). Pengawal keselamatan tidak dibenarkan meminta dokumen identiti di kediaman awam (seperti di taman-taman perumahan teres 2-tingkat dimana pegangan tanahnya adalah berhakmilik individu).
Secara ringkas, syarat-syaratnya adalah seperti berikut:
1) Dibenarkan meminta dokumen identiti pelawat di premis persendirian sahaja seperti di kondominium dan komuniti berpagar yang diwartakan. (Ini tidak dibenarkan di kediaman awam).
2) Syarikat kawalan keselamatan mestilah berlesen dan berdaftar dengan Kementerian Dalam Negeri (KDN - Lesen Agensi Persendirian)
3) Pengawal keselamatan mestilah memakai pakaian seragam dan lencana sah yang diluluskan KDN (Lampiran 1 di bawah Seksyen 3 Akta No. 27/71 - Pengambilan Pengawal dan Pekerja)
4) Pengawal keselamatan mesti mempunyai KPPK (kad pengenalan pengawal keselamatan) yang sah dan telah melalui program latihan CSG serta tapisan keselamatan KDN.
5) Menepati semua syarat seperti terkandung dalam Lesen Agensi Persendirian dan Seksyen 3 Akta No. 27/71 yang dikeluarkan oleh KDN.
