Thursday, August 19, 2010

Finally... some direction from the Cabinet on gated & guarded

Below is the article featured in The Star yesterday:

KUALA LUMPUR: The Cabinet has approved a proposal to streamline guidelines for gated communities and guarded neighbourhoods that have become increasingly popular among the security conscious.

Housing and Local Government Minister Datuk Chor Chee Heung said, however, that the guidelines would only be implemented after they had been considered by the National Council for Local Government (MNKT).

He said Deputy Prime Minister Tan Sri Muhyiddin Yassin was scheduled to chair a meeting of the council on Aug 26 that would be attended also by the mentris besar and chief ministers.

"The Cabinet recently approved the guidelines prepared by my ministry. But we need to bring them to the MNKT. Once the MNKT approves it, I will reveal the details," he told Bernama in an interview.

Gated communities and guarded neighbourhoods have sprung up in recent years as residents, especially in the urban areas, launched their own initiatives to protect themselves and their properties by employing private security firms to guard their housing estates. However, criticism has been levelled at these firms as they often install security booths at strategic entrances and exits of the housing estates, with some even having booms that prevent easy access and exit.

Chor said there were about 480 such guarded neighbourhoods in Selangor alone, and added that not all of the residents agreed with the move to establish a gated community while some had even refused to pay the monthly subscription fee for the service.

He said that currently there were no standard guidelines for gated communities and guarded neighbourhoods, but some states had come out with their own guidelines.

In Selangor, the local authorities have allowed a guarded community to be implemented if 85% of the population in an area agrees to it.

"The local authorities allow guardhouses to be built as long as the application is made through the residents associations, with the consent of at least 85% of the residents," Chor said. The residents associations must also agree that the guardhouse did not put up a barrier and its location posed no obstruction to traffic, meaning it must only be sited on the road shoulder, he said.

This was to avoid complications with existing laws as once the infrastructure was handed over to the local council, the roads, drains, parks and playgrounds should be open to the public unless it was a private property, he added.

"We hope that the ministry's proposed guidelines can be accepted by the various states so that they can be streamlined.

"For gated communities, it is not much of an issue as they already have a legal management body set up under the strata title and most of the apartments and condominiums fall under this category," said Chor. -Bernama


Anonymous said...

This is an abdication of duties and responsibilities that only the government can and should provide.The public can only complement. What next guidelines on how you can park your where you like so long as you do not obsrtuct traffic?

Anonymous said...

Hi Ms Yeoh,

Today, I just got myself registered as a voter in the post office.

I just want to tell you that I will be voting in Subang Jaya, and you got my vote.

kkbboy said...

Gated communities are a poor reflection on the quality of public security in our country. I don't remember any gated communities , except for condos of course in the old days.Simply said, the police are not doing their job.What are we paying our taxes for?

ong said...

I hope that proponents of gated communities and guarded neighbourhoods will understand that whatever guidelines are issued, even by an authoritative body such as the National Council for Local Government, they will still need to be in line with existing laws, in particular the National land Code, the Street, Drainage and Building Act and all relevant bylaws.

Unless the relevant laws are amended, it does not mean that 85% of owner/residents can close roads and stop "outsiders" from entering "their residential areas" including parks, open spaces and even community centres. There is no such thing as "outsiders" and public roads fronting private properties do not belong to the owners of such properties.

I suggest that the Ministry of Housing and Local Government should conduct courses for residents association committee members to educate them on the relevant parts of the National Land Code, the Street, Drainage and Building Act and all relevant bylaws. From my discussions with friends who are actively involved with organising gated communities and guarded neighbourhoods, I found that many erroneously believe that the majority are legally allowed to stop "outsiders" from entering "their residential area" and to question "outsiders" as to their purpose of entering "their residential area".

Very few are aware that titles to Malaysian properties can be issued either under the National Land Code or The Strata Titles Act, and that their characteristics are very different.

hurricanemax said...

my biggest fear for this development, is that the pdrm will cut back on the ronda routine and their 'omnipresence' ... we will be barricading ourselves in for what? Failure of the Fed Govt to provide public security from common thieves?

Turtle said...

To the above comments,

the government is not doing their job. That is tue, lets not sit there and hope that it will change. It is not going to change in any time soon even after PR take over the central government. The system has rotten to core.

Since the government is not doing the job, they have forfeited their power to uphold law. City folks are virtually back to state of noble savege as Rousseau like to call it.

"Once rulers cease to protect the ruled, the social contract is broken and the governed are free to choose another set of governors or magistrates."

It can be argued that the existing laws are no longer sufficient or valid (not in legal sense but moral sense). Rather than wishfully hoping the government to buckup, lets empower people, downsize and strip power from the government. The future of modern city may have to go in the direction of Woolwich model

I hope PR will help us to go in this direction.

Anonymous said...

I think the government does not know the difference between a purely gated and guarded community - meaning one that was from Day 1 all gated up with buyers knowing what they are in for. So they probably must be referring to this GnG where at least 85 per cent of the residents must agree.

However, it is illegal to suddenly turn an open concept township like Bandar Utama, USJ, Subang Jaya,Bandar Sunway etc into a fenced and guarded community.

So for proponents of FnG you are still not doing the right thing. FnG or whatever do not protect you. So stop being selfish and thick-headed.

I also urge Hannah as the Sj ADUN to stop all these illegal fencing up of our neighbourhood, failing which you may lose your seat next GE.

Anonymous said...

So-called gated and guarded when they're actually 'gated and guarded our RM 50 every single month',I actually quite suspicious with the RM 50 paid by the resident of the housing area under the so-called GnG,example if a housing area consist about 1000 house,if every each of them willing to pay RM 50 each month,that is equivalent to RM50000 each month,if there are only 10 security guard in the housing,it will cost about RM 10000 and maybe if every each of them has a motorbike,it will only cost about RM 1000 to fill up 10 motorbike with fuel for a month,my question is what will happen to the rest of the money,I hope that the money will not go to someone else pocket.

Anonymous said...

If I am a robber or a syndicate isn't it better to collect RM50 or RM70 per month from 400 houses = RM20000 or RM28000 a month than breaking into a house and taking a few hundred ringgit, camera or maybe a pair of new shoes?

This is regular income. Isn't it better to put fear into the residents with some petty thefts, splashing paints and scratching at cars and get the RA members nervous - who knows some members may be in cahoots with the syndicate.

It reminds me of the Shanghai Bund days when Shanghai was cut up by the colonial powers and areas/streets were in turn under the protection of mafia-type gangsters. We are now all terrorized by the terrirotial gangsters under the guise of security firms. Wonder who is actually backing these firms?

Anonymous said...

Agreed, the money is not small amount,the monthly collection can up to Rm100K, so make sure don't use the GnG abuse the money.

Anonymous said...

As evidenced by the comments here, this will continue to be a polarizing topic. These voluntary, citizen-led systems will only work when there is a strong sense of neighborliness and community based on amity, trust and goodwill. Most urban centers I know of cannot be characterized like that. In fact, there is, in most areas in PJ, a strong racial divide, compounded by palpable kiasu-ness and a tendency to freeload. If these communities mature, schemes like a neighborhood watch and G & G may work. But I do not see that happening anytime soon. - Urbanite

Anonymous said...

2 robberies has happened recently at PJS 7 in Bandar sunway. It is a guardeda area. Whom to blame? Guards or the Guards company who hire foreign workers and make them work round the clock at several areas nearby. As a resident of the area, I feel so unsecured and the recent security company is soo untrustworthy.

Anonymous said...

Did you see the news in the Star a few days ago how many residents came out to protest over the barricading of their roads etc? This is only the tip of a big iceberg.

Never before in the history of communal harmony has there been so much bottled up anger,frustration, helplessness, animosity and hatred towards those who turned open concept neighbourhoods into "prisons".

This is very different from the purely gated and guarded developments where usually there is already one entrance/exit point and the internal roads are properly planned.

You can't block here and there trying to copy those more upmarket homes. Children may be killed having to do dangerous detours! A good example is the Sri Selangor School at USJ 4/1. The RA people cordoned off a road leading to the school and yet, they thought they did the right thing!

One day this issue is going to explode in our face. Hannah what are you doing about it? Not your problem?!

Anonymous said...

what about those who simply just block part of the road WITHIN USJ5???!!!

I am staying in that area. They had become "Gated community WITHIN gated community". SO this is how you guys foster "MUHIBAH" ??!!

Anonymous said...

The government may come up with new guidelines on gun ownership in the future because many citizens are owning one for protection. Think about it. Possible?