by BAVANI M - The Star March 15th 2010
bavanim@thestar.com.my
RESIDENTS Associations (RA) in the Klang Valley are trapped in a Catch-22 with regard to the guarded and gated community schemes implemented in many neighbourhoods to curb crime.
Many are aware of the legal ramifications as they know that under the law, they have no power to block public roads but they feel they have no choice but to turn a blind eye and go ahead with the scheme.
Also the proposed guideline by the Housing and Local Government Ministry that RAs must get the 100% consent from residents before they are allowed to implement the scheme has got many of them riled up.
Medan Damansara Residents Association committee member Randir Singh said the 100% requirment as proposed by the ministry was “down right ridiculous.”
“It is impossible to get everyone to agree on this but we have done it because there is a demand for it.
“We know that it is against the law, but we have followed all the rules and we have done everything right and the crime rate has dropped in our neighbourhood,” he said.
“We are catering to the majority. The government and the police are not able to help us so we are helping them to do their jobs,” Randir said.
Taman Mayang RA chairman Liew Wei Beng said he had no choice but to implement the guarded scheme in his neighbourhood as he was more afraid of the criminals than the courts.
“No one wants to live in a barricaded community, but we have to protect ourselves. If I take out all the barriers today, tomorrow the crime rate will go up,” Liew said.
Liew suggested that the ministry come up with a workable percentage. He felt that 100% consent was ridiculous.
“A simple majority of 51% is a more reasonable number,” he added.
Speaking on the legality issue, TTDI RA president Datuk Abdul Latif Mohd Som said that RAs were also liable if any accidents were to happen as a direct result of the roads being obstructed.
“Morally, we want to support them (the residents) but we cannot take the law into our own hands as we (the office bearers) are the ones who will be sued,” Abdul Latif said.
Under the law, two Acts of Parliament — the Street, Drainage and Building Act 1974 (Act 133) and the Road Transport Act 1987 — directly prohibit any restriction of access to any public road by a private individual or RA.
This makes every barrier, boom gate, guard house, fence and steel drum put up by RAs to obstruct public roads illegal.
The Acts also say that those guilty of doing so may be arrested without warrant by any police officer or employee of the local authority authorised in writing by the local authority and taken before a magistrate’s court and shall be liable, on conviction, to a fine not exceeding RM500 and in the case of a second or subsequent conviction to a fine not exceeding RM1,000.
“In TTDI, we cautioned the residents of the legal implications but they still went ahead and implemented the scheme. We empathise with the residents as security is a legitimate concern.
“We are trapped in a Catch-22. If we don’t support them, the neighbourhood will not be safe but if we give our support, we are breaking the law,” he said.
Taman Bukit Maluri Houseowners and Residents Association treasurer See Beng Loo agreed that RAs were stuck in a dilemma.
“We have seven security committees and two RAs here and since the guarded neighbourhood scheme was implemented about three years ago there has been a reduction in crime. Legal problems aside, we want peace of mind,” See said.
Most RAs also agreed that a solution must be found before the matter gets out of hand and that the answer may lie amending the said Acts in Parliament.
http://thestar.com.my/metro/story.asp?file=/2010/3/15/central/5855890&sec=central
