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

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)

How is the Selangor State Gov going to address illegal Gated Communities without 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.

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The RA does not have the consent to use access card system here

Below paragraphs highlighted for your ref *(Source: Plan Malaysia, JPBD KPKT - 2019 GP009 Garis Panduan Perancangan dan Penubuhan Skim Komuniti Berpengawal Perumahan Bukan Strata):

*(Terima kasih & Penghargaan kpd Plan Malaysia - Jabatan Perancangan Bandar dan Desa, KPKT Malaysia)

Semua syarat di atas ade buat ke takde? Semua pihak Persatuan Penduduk (RA) yang mengendalikan skim komuniti 'G&G' di perumahan bukan strata haruslah beretika dan beradab bukan biadap. 

Semua syarat-syarat dan garis panduan yang telah ditetapkan oleh pihak berkuasa mestilah diikuti dengan sepenuhnya... tapi nampaknya hampir semua Persatuan Penduduk (RA) di sini korup sebab mereka langsung tidak ikut garis panduan yang telah ditetapkan. 

Disebabkan pihak RA tidak mengikuti syarat-syarat dan garis panduan yang telah ditetapkan, maka skim mereka telah menjadi skim G&G haram. Sudah tiba masanya PBT mengambil tindakan tegas. Cukup-cukuplah... sekian.

Salam 1 Malaysia, Salam Perpaduan

dan Salam Malaysia Madani

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It's time we all reset the system. Let's do away with corruption, abuse of power and respect the Rule-of-Law. 'Little Napoleons' have no place in our society.

We all (RAs, Municipal Councils and residents) should standardize and follow the guidelines set by the Town and Country Planning Dept (PlanMalaysia, JPBD KPKT, Malaysia). 

At the same time, the respective Municipal Council must enforce the guidelines proactively and take action on RAs that don't comply. Not wait until reports /complaints being lodged. 

"Authorities will turn a blind eye as long as no official complaints received" - not acceptable anymore!

Currently, corrupt RAs are taking advantage of the massive confusion in the Gated and Guarded Community schemes to operate whatever schemes they want whichever way they want with no regards for the laws and the rights of others.

Due to the lack of enforcement by the authorities, it's no longer just guarded neighbourhoods but have become illegal gated communities everywhere!

They do not follow the guidelines on what they can and cannot do. And this has resulted in lots of problems for the communities.

There are also some RA committee members that are not clear themselves... what more about the residents!

In a recent survey, the majority of the residents do not want to pay monthly fees to maintain any illegal G&G scheme anymore! It's time the residents look into this problem seriously.

Attached below the full guidelines for your ref...

The community or anyone having access problems can report to MPK

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... without having to produce your ID, you can lodge a complaint with MPK 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, or if they are using prohibited access cards system, you can lodge a complaint with the authorities.

If you are being stopped by the guards and asked to produce your MyKad or Driver's License, you can lodge a complaint with MPK and/or PDRM.

To lodge a complaint please click here below:*Sumber: MPK (Terima kasih & Penghargaan kpd MPK!)

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What the Local Council initially approved for Guarded Neighbourhood schemes here 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 even 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 houses residences under the jurisdiction of local councils. This type of informal gated communities run by RAs are divisive, a hindrance to the community and a nuisance in today's society.

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Dear Residents of BBR,

How do you know whether your RA chairman is an ethical law-abiding-citizen chairman or a corrupt conman?

Your chairman is a conman when he breaks multiple laws to implement his own GnG scheme so that he can collect monthly fees (some call it toll, others would call it protection money) from the community.

Even though the property developer have clearly stated that the residence is not a gated community, your chairman still want to operate an illegal scheme taking advantage of the grey area and the residents' lack of knowledge in this subject.

Your chairman is a conman when he failed to inform the community that the scheme that they are allowed to operate is only an informal scheme.

Your chairman is a conman when he failed to inform the residents and the community the differences between a formal gated community scheme (under private/ strata residences) vs. an informal gated community scheme.

Your chairman is a conman when he operates an informal gated community scheme as if it is a formal GC scheme. Both schemes are very different, one is legal but the other is actually illegal. (Comparing a legal scheme to an informal scheme is like comparing a pineapple to an apple).

Your chairman is a conman when he failed to inform the community of the limitations of an informal scheme.

Your chairman is a conman when he never inform the community what they "can and cannot do" under the local council guidelines while operating an informal scheme.

Your chairman is a conman when he instructs his security guards to stop and ask people for ID (such as MyKad or Driver's License), even though it is against the law.

Your chairman is a conman when he instructs his security guards to block the community or anyone that did not join his illegal "GnG" scheme. (Not having a residents' sticker on the windscreen does not give RA the right to stop and check the community - it is illegal, unlawful and an offence to do so).

Your chairman is a conman when he implements the prohibited card access system in non-private residences without sufficient consent.

Your chairman is a conman when he breaks the laws to stop the community from moving in and out freely. (It is illegal and unlawful requiring residents of non-private residences to register at the guardhouse every time; it is also illegal and unlawful to stop others from access).

Your chairman is a conman when he has no regards for the laws, the rights of others and he thinks the entire residence belongs to him. He also does not believe in "the rule of law", has selfish agendas, and he imposes his beliefs and preferences on others. Your chairman is a conman when he indirectly forced the community to subscribe to his illegal scheme.

Above all, your RA chairman should have been more transparent first on the laws, guidelines, rules and regulations of what an informal scheme can and cannot do - and then let the community decide whether they want to sign up or not; not coerce them into joining without any knowledge whatsoever.

If your chairman didn't do this before implementing his "GnG" scheme, then he is more likely a conman.

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Please do not implement or consent to informal "GnG" housing scheme in your own neighbourhood. If it is not a legal gated community, don't go and start an illegal one. Fyi, not everyone wants to live in a gated or guarded community. Please do not impose your values on others. Don't try to form an RA to coerce residents into signing up illegal gated or guarded scheme please!

If you want to live in a gated community, there are many legal and proper "GnG" developments in Selangor. If your concerns are privacy and security, then by all means move to a proper "GnG" residence. There are many renowned award-winning developers such as Sime Darby Property that are offering top-notch security features that come with perimeter power fencing, CCTV surveillance, visitors management system, 24-hour guard patrolling system, emergency panic-button, call-assist, etc...

There are plenty of legal GnG residences in Selangor you can call home. Please go find one okay!

Beware of illegal GC scheme by corrupt RA that is breaking the laws and asking its residents to pay

BLOCKING RESIDENTS AND THE SURROUNDING COMMUNITY FROM MOVING IN AND OUT IS UNLAWFUL AND ILLEGAL.

YOU HAVE NO RIGHT TO ASK ANYONE TO REGISTER FOR ENTERING A NON-PRIVATE RESIDENCE.

GUARDS ASKING FOR ID SUCH AS MYKAD/ D. LICENCE IS AN OFFENCE REPORTABLE TO PDRM.

GnG scheme or scam? Let us keep formal GnG residences private and exclusive. And put a stop to informal "GnG" schemes in public property residences. Informal "GnG" schemes are actually a nuisance and a hindrance in today's society. It is worrying as these illegal schemes are sprouting all over the country.

RAs operating informal schemes have been flouting the laws and causing the communities a lot of disharmony and disunity. Certain group of people with personal agendas are taking the opportunity to enrich themselves in the name of providing "neighborhood security". However in actual fact, it is nothing more than an illegal "toll collection" from the community.

No private facilities to offer and no amenities to maintain, but the RA still want to operate a GnG scheme by hiring private security guards and installing unlawful access card system which the majority of the community do not want.

(ACCESS CARD SYSTEM IS ILLEGAL UNLESS 100% CONSENT IS OBTAINED. Fyi, access card systems that are operated by all private or strata properties have 100% consent anyway).

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.

RA illegally blocking public roads, using prohibited access cards and security guards asking for MyKad or driving license for identification, are some of the problems faced by the communities.

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.

So now the question is... 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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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)

Know the differences between a formal GC scheme (GC) vs an informal GC scheme (GN):

So far, RAs in public property residences do not (or almost never) adhere to the laws and guidelines when it comes to operating their GN scheme. This is wrong as both schemes are very different. They still implement what are allowed in a GC scheme despite their application /approval is only for a GN scheme. Residents and communities have been duped into their scheme and scam.

Actually the silent majority of the communities here are fed up with unethical and corrupt practices by unscrupulous RAs operating informal GC schemes that are breaking the laws. 

If the RAs are sincere in wanting to raise and increase awareness on neighbourhood watch /security, they can also activate Komuniti Rukun Tetangga (KRT) together with Skim Rondaan Sukarela (SRS) which is supported by PDRM and as promoted by the government instead.

It's time the government only allow formal gated communities (GC) in private (or strata) properties. No more informal "GC" schemes by RAs in all non-private property residences. Stop the disharmony and the disunity in all our neighborhoods.

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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

Pengawal keselamatan yang bertugas di kediaman awam (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.

Skim komuniti berpagar jenis "formal" dan jenis "tidak formal" adalah tidak sama. Pelaksanaan kedua-dua jenis skim komuniti ini harus dibezakan. Komuniti berpagar formal adalah skim yang lebih senang diurus kerana ia adalah sejenis skim perumahan swasta yang memiliki hakmilik stratanya sendiri.

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."

(Terimakasih & Penghargaan kpd KDN)
http://www.moha.gov.my/images/maklumat_perkhidmatan/pekeliling_agensi_persendirian/pekeliling_4.pdf

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Kepada semua RA yang melaksanakan skim kawalan perumahan informal di Klang... sila rujuk kepada garis panduan MPK seperti tertera di bawah:

1). Tidak dibenarkan menghalang kenderaan keluar/masuk ke kawasan berkenaan.

2). Penghuni yang tidak menyertai skim ini tidak boleh dihalang sama sekali memasuki kediaman mereka pada bila-bila masa.

3). Penggunaan kad akses (automatic) dilarang sama sekali.

*Sumber: MPK (Terima kasih & Penghargaan kpd MPK!)

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"Both the GnG schemes must be differentiated as they are not the same..."

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Here is Another Reason Why We Don't Support "Informal GnG Schemes"...

Only Komuniti Rukun Tetangga (KRT) together with Skim Rondaan Sukarela (SRS) that are backed by PDRM, are genuine neighbourhood watch schemes endorsed by the Government of Malaysia. Do not fall prey to syndicates and unscrupulous RAs.

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To The Communities of Bandar Bukit Raja, Klang Utara:

Please be informed that the implementation of automated proximity/ access card system by the RAs in BBR are unlawful and illegal as they do not have the proper approval from the council. In the first place the RAs here do not have enough consent from the residents.

Fyi, auto access/proximity card system can only be implemented in strata-titled properties or private residences. (It is only allowed in formal GC schemes - it is prohibited in all types of informal "GC" schemes or GN schemes).

This entire neighbourhood consisting of Sime Darby Property's double-storey link /terrace houses is a non-strata, non-private development. (To all RAs in BBR - these are just informal "GnG" schemes; or categorized as Guarded Neighbourhood (GN) schemes only - so please do not flout the laws to bully the communities).

Many residents are fuming over the RAs' selfish agenda, causing lots of grievances, disharmony and inconveniences to the communities.

If you are being stopped by “security guards” at the boom-gate from moving in and out, this is what you can do:
 
1. Tell them they have no right to ask for your MyKad or driving license (even just for checking and recording purposes, as it is illegal and an offence reportable to PDRM). Tell them it is illegal for them to block public roads in the first place. Tell them you will have to make a police report and lodge a complaint if they don't let you through.

2. Please make a police report at the nearest Balai Polis Bukit Raja Klang Utara (Tel: 03-3345 2222) if they do not comply. (You can try to request to speak with the RA chairman /committee, but take down their names and contact no. for/if any further actions).

3. And lodge in a public online complaint (e-aduan) to MPKlang or do it at the MPKlang counter there, better still if supported by a copy of your police report for prompt action. Or you can just lodge in a complaint to the council's e-aduan without a police report.

Automated Access Card System is already being prohibited by all the local councils (eg. MBSA, MBPJ, MPKlang) unless the Persatuan Penduduk (RA) has 100% consent from all the residents which they do not have. Not even close. So, do not be fooled by your RA into joining their informal GC schemes that are breaking the laws.