Q: Recently, we received a newsletter from our neighbourhood committee that they have hired security guards and had barriers installed as security measures. If we do not pay for the guards, we would not get security stickers, and so each time we wanted to enter our own neighbourhood, we would have to go through a series of questions on our whereabouts. I must admit I was not happy with the arrangements, as it felt like we were being bullied into paying for services I certainly did not ask for.
Two months ago, there was another newsletter asking each house to pay RM200 to build a fence around the neighbourhood perimeter. We have since paid but the day before we were told that since 28 houses haven't paid up, they may decide to cancel the security services and plans to fence the neighbourhood. Despite the pending decision however, we were told to pay upfront the six months' security fees that is due at the end of April. And if they do decide to stop the security services, it will be refunded in due course.
My question is: who decides, and who are monitoring these security companies? How can get my RM200 plus six months' security services payment back?
Chris Tan of Chur Associates answers: Firstly, you need to ascertain whether the collection body is established pursuant to the strata scheme. In other words, is your neighbourhood a strata community under the law? If it is a strata community and the collection body is the developer, the joint management body, or management corporation, then you are bound to pay the service charges.
If your neighbourhood is not a strata community, you are not bound to pay any charges to the neighbourhood committee unless you want to (or you have entered into some sort of agreement in the past with the developer, who has subsequently assigned the same to your neighbourhood committee). Furthermore, the neighbourhood committee has no right to restrain you from accessing to your neighbourhood.
In order to claim back the payment made, you may put in a formal demand to the neighbourhood committee.
Note: Answers are for general information only. Please consult your lawyer.