KUALA LUMPUR: The Housing and Local Government Ministry is taking a guarded stance on the ‘guarded community’ housing estate concept. As guarded community housing estates have been mushrooming, of late, the ministry intends to come out with guidelines on the concept.

Minister Datuk Seri Kong Cho Ha said currently, guarded community housing estates did not have proper guidelines, resulting in state governments and local councils coming up with their very own by-laws which differed from one locality to another. He said, most of the “guarded community thing” was spearheaded by a group of houseowners on their own accord. “Of course, we have to come up with some guidelines due to some legal issues which have cropped up,” he told Bernama here.

The ‘guarded community’ concept is not something new altogether, in the country. It is where a group of residents of a housing estate take it upon themselves to employ security guards and fence their housing area in the name of crime prevention. However, some residents associations have taken the law into their own hands by fencing-off certain areas and closing roads, according to their whims and fancies, and in some cases, without even consulting other residents in the housing estate.

While such action is deemed as a measure to stub out any illegal activities in the housing estate, it has run into some legal entanglement as the move went against the Road, Drainage and Building Act 1974. The Act states that there should be no obstruction to any public road. The same ruling applies under Section 62 and 136 of the National Land Code 1965 and Section 80 of the Road Transportation Act 1987. The law also states that it is unlawful to privately attempt to restrict or regulate public spaces without the approval of the relevant authority, and attempt to close, barricade or restrict the access of a public road, drain or space. The act of fencing a housing estate according to one’s whims and fancies would also contravene sections 46 (1) of Street Drainage and Building Act 1974, section 80 of the Road Transport Act 1987 and section(s) 62 and 136 of the National Land Code 1965.

In addition to this, provisions of the Town and Country Planning Act 1976 may also be violated where guard houses are built on public land or road shoulders. Section 46 (1) of the Street Drainage and Building Act also prohibits a person to build, erect, maintain or issue permit to maintain any wall or fencing in an public place.

It is also an offence for a person to cover over or obstruct any open drain or aqueduct along sides of the streets without consent of the local council. However, Kong said, based on some safety issues highlighted by residents, state governments such as Selangor, through the state housing and property board, had drawn up a set of guidelines dubbed the Fenced and Guarded Community Scheme.

“There is no problem with private security patrolling public roads in a housing scheme under the employment of the residents associations or RAs but the local authority and the police should be consulted first,” said the minister.

Kong said, some guidelines issued by local governments for guarded communities included the setting up of a guardhouse and employment of private security based on the consent of residents in the area.

For example, some local authorities allow guardhouses to be built as long as the application is made through the RAs, with the consent of at least 85% of the residents. Apart from that, the RAs must also agree that the guardhouse does not have a barrier and the location does not obstruct traffic, meaning it must only be located at the road shoulder.

However, Kong said some local authorities allowed for some form of limited barriers, so long as it was backed by an overwhelming support of the local residents and it did not deny access nor obstruct traffic.

“For gated communities, it is not much of an issue as they already have a legal management body being set up under the strata title as most of the apartments and condominiums fall under this community.

“However, for the guarded community, it is different as you cannot term them as gated community,” he said. — Bernama

Subang airport’s connectivity will be boosted with plans to link the terminal with the KTM Komuter service and shuttle buses.

KTM Komuter trains could start servicing Sultan Abdul Aziz Shah Airport by next year, said Janardhanan Gopala Krishnan, chief operating officer of terminal operator Subang Skypark Sdn Bhd.

He added that the train stop would be located at Commercial Nexus, a proposed shopping mall across the road from the terminal, which is now an open-air car park.

“We have proposed to extend the KTM Komuter line (to the airport).

“There is already a spur line to the roundabout (on the way to the airport).

“Subject to approval, it should be ready in 15 to 18 months,” he told reporters recently.

Janardhanan said Skypark wanted to provide seamless transfer for passengers by improving connectivity to the airport.

He said shuttle buses connecting the terminal to the Kelana Jaya LRT station and KL Sentral should begin operating by the middle of the year.

“We are in talks with private operators. We are still speaking with RapidKL on (public) buses plying this area,” he said.

On the status of the RM150mil Commercial Nexus, he said they were finalising the concept design, and construction work was expected to start in the second half of this year.

He said the mall, with about 600,000 sq ft of retail space, would not only serve passengers but also the community in nearby areas such as Ara Damansara.

“We want to get away from the mindset that if you go to an airport, you are just sending or picking someone up,” he said.

IN THE ‘60s, gangsters went round the neighbourhood collecting money to protect residents and the business community from harm.

Today, the residents themselves collect money on a monthly basis to get “security personnel” to protect them from harm. Ironic as it is, the police and local authorities encourage such a set-up.

Now, we the public don’t know what is right and what is wrong. Public roads can be sealed off by private parties. “Security guards” are allowed to demand and scrutinise our identity cards.

What is happening? Can we have some sense of rationality? Can we go back to the basics of law and order and governance? First of all, public roads are what they should be – for public use. The public, through taxes, pay for the maintenance of roads and other facilities in a housing estate.

Therefore residents associations have no right to seal off facilities belonging to the public.

If residents are adamant that they should protect their safety, they should apply to the authorities to acquire all public facilities they have blocked others from using. Once they have acquired them, these would legally belong to them. They should also be prepared to pay for assessment and quit rent. Also, the upkeep of these facilities would be borne by them.

Next, why are we paying taxes? It is because we band together in a region and pay for the government to protect us from harm. Now that the government has failed to provide security to a large section of the population and actually encourages them to protect themselves, it is only right that expenses incurred by these people be tax-deductible. Costs incurred in hiring guards should be allowed as deductions.

It is hoped that when everyone plays his or her rightful role, some sense of law and order will return.

Foncion

THE requirement for 85% of residents to approve the conversion of a housing estate into a gated and guarded community will remain under the standard guidelines that are expected to be released soon by the Selangor government.

Under the guidelines, which are in the final stage of preparation, residents or residents associations are not allowed to engage guards or fence up an area without the approval of the local authority.

State local government committee chairman Ronnie Liu said the local authorities had an important role to play in deciding on guarding and gating a particular area.

He said the residents must first approach their local authorities before pursuing their intentions.

“The local authorities will guide the residents on how to go about guarding and gating the area.

“This procedure must be strictly followed as the move to turn an existing housing estate into a guarded or gated one is a tedious process,” he said, adding that it involved a lot issues including the practicality of doing so.

Liu said fencing up a particular area, would affect the movement and activities of residents as it involved closing access routes that had existed from the beginning.

He said some people would feel that their freedom had been restricted by the closure of certain roads in the area.

“Others may feel that there is no need to have guards in the area or fences around their houses and there will be a group of people who will want the service of the security guards but are unwilling to pay for it.” he said.

Liu also said when the area was fenced up, the residents must understand that the local authorities would not provide maintenance services, including garbage collection.

He said the services would be offered by private contractors hired by the residents themselves.

“These are the consequences faced by residents who live in gated communities but it is not an issue for them because they knew that they had to pay for their own services when they bought their homes in the gated communities.

“However, those residing in normal areas are not used to these conditions and will not feel comfortable if they were suddenly asked to pay for the services that they have been enjoying for free in the past.

“The guidelines will cover such details to ensure that most of the residents agree before an area is made into a guarded or gated one,” he said.

Currently, Liu said there were no clear guidelines for residents to convert an area into a guarded or gated community and this had led to a lot of confusion.

“The guidelines will provide a step-by-step guide so that the residents will know what they need to do in order for them to turn their areas into a gated community,” he said.

Please contact me at 012 289 4728 if you see him. Thanks very much in advance. We all miss him dearly.

Judging from the fire this evening in Dataran Ara Damansara, I think so.  We were on our way to dinner when we saw a thickening wisp of smoke coming out of somewhere in Dataran AD.  As we rounded the corner and crossing the bridge, we could see one of the shops facing the river was on fire at the top floor.  It has HUGE!!  We had to pull over and watch.

Flames were licking the roof so ferociously.  We could hear explosions, and other sounds like metal buckling, glass windows shattering and falling to the ground etc.  There were 2 vans parked on the ground floor of that lot, getting pelted with debris falling from the top floor.

As soon as we pulled over, my husband got on the phone to 999 and was informed that the Bomba was already informed of the fire.  This was at 7.40pm.  About 12 minutes later we could hear a siren, but it was the police.  It wasn’t until 8pm that the first fire-fighters arrived on the scene, and raced on foot to the lot.  A few minutes later a larger fire truck arrived as well.

In that 20-25 minutes before the Bomba arrived, onlookers were treated to an exciting display of sky-scraping flames accompanied by the frightening sounds described earlier.  At one point, flames were licking the next lot, but thankfully it did not catch fire.  Another blessing to be counted is that the fire hydrant actually worked as within a couple of minutes of the first firemen arrival, they could be seen shooting water into the top floor via the entire front window.  The fire had already destroyed the whole window frame and no more glass was left to hinder the water being hosed up from the hydrant.

I wonder what took the Bomba more than 20 minutes to arrive.  I know there is a fire station in Kelana Jaya and Subang Jaya.  Isn’t there a fire station in Subang airport?  Shouldn’t there be a fire station in Subang airport?  Wherever their location, very little can be saved from a fire raging more than 20 minutes.  The final blessing to be counted is that it is doubtful any life was lost as it is likely the top floor of this lot was used for storage only and today being a weekend still during the CNY season.

Wishing all Chinese a Roaring Happy New Year of the Tiger!

Wishing all others Happy Holidays!

I only took a distant photograph, but on passing closer later, was really pleased to see that there were trees with berries = bird food. Then today I thought I should really go have a look at the progress is like. With the trees being delivered lots must already be completed. Not quite what I thought, but am glad no time is being wasted getting trees into the ground. By the time the lakes are dredged of all the silt and sludge, the trees would be well rooted, and if there are any casualties, they will be noticed in time to be replaced. So here goes.

Lots more pics on my blog

USERS of Jalan Tanjung in Bandar Utama, Petaling Jaya, are getting frustrated about the worsening traffic situation in the area. About 30 residents from Tropicana, Riana Green condominium and the surrounding areas held a press conference at the Riana Green function room to highlight their plight.

“The state government had made an announcement in December to acquire the land belonging to BUCC (Bandar Utama City Corporation) and to widen the road but right now, nothing has been done,” said Action Group Against Closure of Jalan Tanjung Bandar Utama chairman Mohamed Shukri Zain.

He said the traffic had worsened since school reopened and it took at least 20 to 30 minutes just to get onto the Sprint highway from Jalan Tanjung.

“The other alternative is through the tunnel in Persiaran Tropicana and that is also jammed as traffic gets backed up at the BU11 and BU12 area in Lebuh Bandar Utama,” he said.

Residents had brought up the matter to the Petaling Jaya City Council (MBPJ) and had requested for the timing of the traffic lights to be changed but all to no avail. Shukri also said it was not right for BUCC to place barriers and speed bumps in front of the 1 Tech Park because it was out of the boundaries of its private land.

“They have reduced the road to only one way going out and the guards would stop the traffic to give priority to cars going into and out of the 1 Tech Park and this slows down traffic,” said Shukri.

Cita Damansara Condominium joint management body committee member Kenneth Tan said the whole issue had created an “us against them” border mentality between Bandar Utama and Tropicana.

“It shouldn’t be the case because many of us use the road to go to Bandar Utama,” said Tan.

SJK(C) Damansara board chairman Michael Tang said most cars using the road in the morning were heading towards the highway.

“The shopping centres in Bandar Utama are not open until 10am so how can they say that we are bringing congestion into their neighbourhood?” asked Tang.

Shukri said they just wanted answers as to when the road would be opened and the current status of the land acquisition.

“We are pleading with the state government to speed up the process so that we don’t have to suffer anymore,” said Shukri.

Riana Green joint management body committee member Kong Chock Heng said they had earlier received a letter from the Land Office to attend a meeting because some portions of their land was required for the road expansion.

“However, the meeting was later called off because of some legal matters,” said Kong.

Riana Green resident Udo Kraus, who is a retired mechanical engineer, conducted a study on the time and resources wasted by fellow residents since the road was closed.

“We now have to travel an extra 4.5km distance when using the Persiaran Tropicana or an extra 6km using the Kota Damansara way,” said Kraus.

He said this took a lot of time and fuel wasted for residents of the 1,200-odd units since the road was closed in November.

When contacted, BUCC general affairs manager Paul Fernandez said they had already received the acquisition order from the Land Office but they had also obtained an order from the court to put everything on hold until the case management and hearing of their pending case has taken place.

“We can’t go against the land acquisition order and we are just asking for it to be put on hold until the court has listened to all parties involved,” said Fernandez.

Regarding the barriers in front of 1 Tech Park, he said BUCC had to put in place a traffic management system for the office tenants and the guards were put there to manage traffic.

As of press time, the MBPJ has yet to give a statement regarding the status of the road and the traffic lights timing.