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!
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!