Guarded community has become the norm rather than the exception these days. Developers often use this as a selling point to promote new housing projects. However, like in any residential community, there would be those who stubbornly refuse to pay the monthly security charges imposed to maintain the facility.
If you are a fee-paying resident, have you ever wondered what action can be taken against those residents who refuse to do so but enjoy the security service anyway? Conversely, if you are not a fee-paying resident, have you ever wondered what action may be taken against you for not paying the security charges?
In the case of Au Kean Hoe v Persatuan Penduduk D’villa Equestrian [2015] 3 CLJ 277, the homeowner (who did not pay his dues) sought to challenge the residents’ association’s decision that he could not enjoy the security services provided and therefore would have to get out of his car and open the boom gate himself without the security guard’s assistance. The homeowner argued that the boom gate was an obstruction and therefore unlawful.
The Federal Court dismissed the homeowner’s claim. The Court held that guarded communities are schemes implemented to improve public safety and security in a defined residential area. A regulated access (using a boom gate) was not an obstruction in law especially if it was for security purposes. The Court is always concerned about balancing the individuals’ inconvenience against the communities’ interest and that includes security. Moreover, the Court held that the homeowner’s access was never in fact prohibited i.e. there was no obstruction as argued by the homeowner. The fact that he had to operate the boom gate himself only meant that there was some inconvenience to him.
Thus, with this decision, it is now law that the residents’ association can require a non-fee-paying resident to operate the boom gate themselves. However, it cannot block the resident from accessing into the housing area altogether.
Now that you are aware what action can be taken against non-fee-paying residents, it would be simply wiser to make the maintenance and security fee payments on time so that you don’t have to get down from your vehicle each time you reach your residential guard house and open the boom gate yourself. Not only is this terribly inconvenient (especially when it rains), it is also highly embarrassing!
About the Author
Poon Wei Ying is a Senior Associate of XK Law who graduated with First Class Honours from the Cardiff University, United Kingdom. She believes in giving back to the society and that education can change a person’s life.
