Paying a lot for gated security

LATELY, the debate concerning guarded and gated communities has again resurfaced among interested parties especially within the Klang Valley. There are just too many issues that have been raised with little or no answers forthcoming from any relevant authority.

The current trend among developers is using guarded communities as a selling point to enhance the image and value of their properties. The purchasers in such areas are asked to sign an agreement to agree on the terms of upkeep of the gated area.

Unfortunately, this “facility” comes with a monthly security and maintenance fee. Sadly, often than not, such services deteriorate over time and many residents opt not to pay as they do not see the consistency in the quality of service. The initial phase is normally run by the developers themselves, but after a while it is handed over to the residents association (RA) and that’s when things start to go wrong.

From a legal perspective, all houseowners in gated and guarded communities are independent subjects and are not governed by the in-house regulations made by the resident’s associations. The individual owner does not become a signatory to any rules by default just because the RA sanctions so.

Now the question that begs legal clarification is: can an employee at the guardhouse claiming to be on duty under the employment of a security company ask for the details of a visitor or even owners entering the housing area? Under what laws are they privileged to scrutinise a person’s personal identification papers, be it the MyKad or driving licence?

Even the Government advises the public to demand an enforcement officer’s identification card before providing further information to them, even if they are in police uniform. Now, what makes these security guards immune to being questioned?

The irony of all this is that the security company waives all liabilities of theft or burglary if it happens within the community, citing that it is agreed by the RA. Then why are the owners paying a monthly security fee? And as for the maintenance and upkeep of any residential area, isn’t it the responsibility of the local council as we all pay taxes and there is no exception to the rule or discount granted for gated and guarded communities?

It is high time the relevant agencies formulate a standard protocol for gated and guarded communities which is legally accepted and gazetted at the council level at least.

The current practices are just too “cowboy” styled and do not conform to the minimum legal requirements. The RAs must be made more legally responsible and utilise monies collected prudently and not increase the monthly fees unilaterally without the consent of the state governments.

Over the last year, the RA in my housing area increased the monthly charges from RM30 to RM50 citing increased cost for security. The rise of nearly 67% is totally unacceptable by any standards and this was immediately imposed upon taking over the responsibility from the developer.

Surprisingly, a large amount collected from the previous year was spent on social activities. All social activities carried out by the RA must come under a different collection drive as this is not even mentioned in the agreement.

These are just the few grouses shared by people in the same predicament. In these difficult economic times, RM600 per house annually is unjustified. There are nearly 600 houses within the community, and even if 80% pay up, that amounts to a whopping RM288,000 annually. That is a lot of money to pay for security!

NARINDER SINGH,
Shah Alam.

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