Residents rise up against the RA

Kudos and appreciation to DBKL's Muhammad Azri. It's time all Local Councils follow DBKL

It's time all Local/Municipal Councils review Guarded Neighbourhood schemes in their jurisdiction that were approved years ago as the RAs tend to deviate from the approved plan and no longer follow the laws and guidelines. 

In addition, majority of the residents now do not consent to the scheme as it has caused lots of disputes and problems for the community.

The councils should also request for fresh mandate from the residents every 2 years to ensure the decision is unanimous, still relevant and that they still command sufficient up-to-date consents. 

The authorities should also audit the neighbourhoods yearly to see if the RAs are following all the guidelines or not. Not just a one-off approval. And subsequent renewals of the scheme must only be given if all guidelines and requirements are met.

The tables have turned! Nowadays the majority don't want GnG anymore - only the corrupt RAs that have been making good money from it will still want to operate.

Non-strata Gated and Guarded Communities are unlawful?

Firstly, the manner in which the RA obtains sufficient consent from the residents currently is questionable and not transparent. 

What type of scheme is the RA going to operate? What can they do and cannot do? What are the laws and guidelines? 

This is a crucial first step to determine the percentage of residents who want to have the RA's proposed scheme versus those who don't want to have any type of scheme in their neighbourhood.

Also there might be residents who prefer to have other type of schemes such as Kawasan Rukun Tetangga or Community Policing. 

Many a times the percentage of residents who "want" to have a "GnG" scheme is biased and incorrectly given by the RA. Everything is hearsay, vague and not clearly defined.

The residents' consent must also be obtained in a neutral, no influences and no-pressure environment. If possible all letter of consent to be sealed and sent directly to the Local Council's office - and not handed over to the RA for processing.

(It will be even better if a Local Council representative/officer  can oversee this important procedure, and not left to the RA). 

The residents must not be in any way be-influenced, given wrong-info or "coerced" by the RA into joining.

But how are the residents going to make this decision wisely if they do not have any information at all regarding this matter? So the suggestion is, they must be briefed on the different types of schemes available together with the pros and cons of each scheme. 

What about residents who want to drop out of the scheme later on? Then what happens next?

The residents must be given all the information on the differences, legality and limitations between a Gated Community versus a Guarded Neighbourhood. Also information on what the RA can and cannot do with regards to their non-strata neighbourhood GnG scheme.

Other schemes such as "Community Policing" and KRT's "Skim Rondaan Sukarela" (Rukun Tetangga) should also be introduced and given information to the residents. 

Grants and benefits given by the government for KRT, PDRM's involvement and support for Skim Rondaan Sukarela, and other information should be included as well.

  

Normally only a small group of residents want the GnG scheme in a non-strata neighbourhood. The silent majority don't. Many a times the residents don't even know what they are getting into. But once the signature being given it's already too late.

We believe the proliferation of Gated and Guarded Community Schemes in the country actually is not an organic growing trend but the unscrupulous nature of a small group of people in non-strata neighbourhoods who see this as an opportunity to make money for themselves for the long term, in the name of providing "neighbourhood security".

Of course there were also thugs, gangsters and syndicates involved in some cases in Selangor as reported in all the major newspapers exposing how the Malaysian gangsters legitimize protection racket through security guard services sometime back.

Once the RA has obtained the approval to operate their GnG scheme, they will never ever give it up because getting the approval to operate is like getting a goldmine. Giving them the approval is also like giving them the license to collect monthly fees from the residents. 

So, the approval for their scheme must be reviewed annually as to make sure they comply and that all the residents is still happy.

By right the government should put a stop altogether to such public nuisance and to stop certain quarters from taking advantage. This will also put a stop to gangsters fighting for turf. 

All informal GnG at non-strata neighbourhoods should be banned until a new wholistic National Blueprint on this subject is out. 

There is no place for selfish agendas and little Napoleons anymore today. National Unity is far more important than having GnG in our non-strata neighbourhoods.

Also, enforcement officers should be deployed to check and audit the RA and residences periodically if the local council chooses to approve them. You just simply can't approve them and then never check on them again and let them do what they want. 

Sometimes even the different government agencies officers don't actually know the status of each residences when someone makes a police report or lodge a complaint - thus they don't know how to take action. 

Currently RAs are taking advantage of the chaos in the system involving many different government agencies. 

As you know the RA applies to the ROS for approval; the security guards permits are by the Homeland Ministry; but the policies are by the Housing and Local Government Ministry - Plan Malaysia (Town and Country Planning Department); the circulars by the State Housing Board; the security advisory by the police district chief (PDRM); but the final approval and jurisdiction is by the different Municipal or Local Councils.

How about enforcement and compliance? So when something goes wrong how do we go about it and who is to take action? Seems there is lack of accountability here and a lot of confusion.

To those who insists they must live in a gated community to feel safer, they can always move to a proper legal strata residence.

Now let us look into the requirements of a proper GnG legal strata gated community. 

They also have 100% consent from all the residents either by signing a DMC (Deeds of Mutual Covenant) or/and the Sale and Purchase Agreement. 

So how come the non-strata residences or private-property neighbourhood only require 85% or less? It doesn't make sense here.

The government must always safeguard the interests and well-being of the majority not the minority!

Putrajaya has already published good and clear guidelines for non-strata neighbourhood gated and guarded community scheme - why don't all others just follow and standardize?

To all state housing and local government committee chairman working on this long-overdue problem, please take your time to consider all the above points contained in this blog. Thank you.

Sincerely,

For the many not the few!

To the RA here - this is not a gated community. Please follow the MBSA guidelines given and obey the Rule-of-Law... please inform your security guards accordingly!

RA Taking Matters Into Their Own Hands Flouting Laws and Guidelines

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 or complaints being lodged. ("Authorities will turn a blind eye as long as no official complaints received" - is 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 without any 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.

**********

Dear Residents of Informal GnG,

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.

Your chairman is a conman when he blocks public roads and then start collecting monthly security fees 'toll' from the community, in the name of neighborhood security.

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 the type of scheme that they are only allowed to operate is a guarded neighborhood scheme, not a gated community scheme.

Your chairman is a conman when he failed to inform the residents on the differences between a guarded neighborhood scheme vs. a gated community scheme.

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

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 laws.

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 or access card does not give RA the right to stop and check anyone - 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 and approval. Your chairman is a conman when he put up prohibited obstructions such as razor wire or barb wire on the ground haphazardly.

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 to register at the guardhouse every time; it is also unlawful to stop the surrounding communities 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. 

Your chairman is a conman when he does not uphold "the rule of law", has selfish agendas, and he imposes his beliefs, values and preferences on others. 

Your chairman is a conman when he hires security guards without the proper license and requirements by KDN.

Your chairman is a conman when he indirectly forced the community to subscribe to his illegal scheme. Your chairman is a conman when he implements the scheme without sufficient consent and without any objections.

Your chairman is a conman when he doesn't organize the yearly AGM for the residents and does no other community work for the community except for his GnG scam. 

Your chairman is a conman when he never considers Rukun Tetangga scheme as another option for the community. (He is not interested in KRT because it is FOC for the community - he can't make money from it.)

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.

Why the people don't see it even though this is so obvious... is mind boggling. Those who still condone to this sort of selfish GnG scam still need a bit of enlightenment. Perhaps they need more time...

For the many, not the few!! 

**********

Some key points to note... (pls see below):

Town and Country Planning Dept (Plan Malaysia - JPBD, KPKT) GnG guidelines:*(Terima kasih & Penghargaan kpd Plan Malaysia - Jabatan Perancangan Bandar dan Desa, KPKT Malaysia)

*Below fonts enlarged for your easy references (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)