Do apartment commitees have the rights to clamp your car?

I am visiting my relative and plan to stay a few days in their apartment. I apply the visitor car park permit as I used to do before. This is not the first time I visited my relative. And all the while I don't have any problem. Until this time, I was not aware that they had changed their rules.

I failed to follow with one of the new rules and they clamp my car. I am not intentionally break the rule but just didn't realize about the new rules.

Rule: Visitors car that parked overnight need to move the car out and register again before 12:30PM everyday.

I am so angry after I explain my situation but they don't want to listen and insist me to pay RM50 to unlock the wheel clamp. I know I am in the disadvantage position, but I just want to know if there is any legal system that allowing them to clamp people cars at anytime anywhere they want.

I read from some web site (UK laws) state that private sector only gain authority after they register in the city council. Is this applied in Malaysia too? Advance thanks for those who reply this post.

Pay the RM50 and next time read any rules signs before you simply park how you like.

@tic tac toe,

Thank you for your feedback but I am kinda seeking for advise from professional.

The Security & Maintenance Section of the apartment has the right to clamp your car to serve as a reminder warning to you, and to properly park your car within the apartment compound.

Whether registered or not with Local Municipal Council is not a big issue here, because you had entered a private property compound.

If you had negotiated with them nicely, I think they could have released you without you paying the RM50.

Anyhow, you should treat this matter as a lesson, and learn to be more cunning when facing and dealing with such greedy people next time!

@LoyerBrook,

Thank you for your feedback. Anyway, just wanna to let you know that sometime it is very hard to negotiate with SOME people. We spent 2 hours plus telling him our reasons. We even tell him that the guards know that we are going to stay overnight. We did leave our cell phone number there why not give us a warning call before the clamp?

Actually, the negotiation went well until the chairman arrived and said "Rules is Rules" and give us that kind of tone. He is the BIG BOSS, you can only say YES. There is when everyone temper went high. We started a big quarrel until he threatens us by calling the Police. We did nothing wrong and agreed to call the police... but there is nothing much our policeman can do when they arrive.

We understand that this is in private compound. So end up we paid the RM50 to bail our car.

I still feel like this is kind of trap. According to my relative, they keep changing the rules. It is human natural that most of us are lazy to read the parking rules. So keep changing the rules and hope for someone just walking into the trap is a new way for them to get some extra cash.

Anyway thanks again for the post.

@angry visitor, I just encountered a similar incident and I strongly condemned their unjustified actions.

Please read my letter of demand to the committee below:

The Chairman
Perbadanan Pengurusan Riviexx
Block B1 Basement
Jln Bunga Mewah 5A Tmn Muda
Cheras 56100 Kuala Lumpur

​​​​​​May 12, 2012

Tel:03-4280 85xx ​​​​BY FAX/COURIER
 
Dear Sir/Madam
 
Re: Unlawful Clamping of vehicle WVG 43XX.
 
We refer to one incident on 11 May 2012 at one of the many parking lots located in Block B1 at around 2.30 pm., of which the above vehicle was unlawfully clamped. For your info this vehicle is driven personally by one of our directors Mrs. Rachel Ang who incidentally is one of the owners of unit no. XX Block B which again is under your management and jurisdiction.

We strongly condemn and are appalled by the high handedness of your security and one of your staff Ms. Yee together with (presumably her husband which we have reason to believe he is not gainfully employed by your good office). Although, she had personally pleaded and agreed to pay the RM50.00 clamping fine, your security and your staff refused to unlock the vehicle and which she had no alternative but to call the undersigned to the scene and I managed to arrive at this location within 10 minutes. Upon reading through the contents of your Visitor pass no.004, (original copy is with us as evidence in the event required in a court of law and herewith attached a photocopy for your perusal) I had no alternative but to contend with your staff of the illegality and even read out to them the contents of your visitor pass, which was stated vividly, quote “Visitors must leave the premises before 12 midnight, otherwise CLAMPING will be carried out. RM50 to remove clamp. Loss Pass will be fine RM10.00” and unquote. (Herein, grammar and English wanting and contentious as visitors not vehicles will be clamped!)
 
Despite, she and Ms Elaine (resident of Block B1) pleading to them of the severity of their illegitimate clamping and our urgency to leave this premise as our 2 schooling children were waiting impatiently for my wife, Rachel Ang to pick them up from school, they demanded another RM180.00 for the damage to their CLAMPS! Even my eight year old son could read and exclaimed that now is now even night time yet let alone 12 midnight! At no material time did the VP states clamping at unauthorized parking lots!
Your Ms Yee and her husband (which we feel sure has no authority on this matter) have the audacity to scream at us claiming that we were rude to them and they just walk away and commanded the security not to unlock our vehicle. Now who are they to be the rule makers, Enforcers and judges as to sentence us arbitrarily/subjectively as being rude and rowdy? Please be reminded the authority to lock must be simultaneously be issued with a visible notice that vehicle had been clamped and driver of such vehicle are advised not to moved the vehicle to avoid damages to the vehicle! Neither were there any visible signboards to warn drivers of unauthorized parking or clamping zones!
 
Due to such unprofessionalism on your management and the ridicule meted out to us, we as the rightful and lawful owners of unit 21 Block B1 demand that you furnish us:
 
1) The registration copy of your PPR with the Registrar of Societies.
2) A copy of The PPR/Joint management body’s (JMB) constitution allocating such powers to the committee.
3) A registration copy of your JMB with the Housing & Local Government Ministry.
4) The minutes of the management meeting related to the authorization of clamping of vehicles.
5) A copy of the notice to all owners of Riveixx apartments and the minimum 75% majority consent by unit owners to have vehicles clamped at our premises.
6) The brand of your Clamps and SIRIM certificate which validates such clamps to be locked onto wheels of vehicles.
7) All monies unlawfully and forcibly demanded from my wife to be returned.
8) A letter of apology each from Ms. Yee and her husband, the security officer by the name of Kumar to us for their high handedness and causing us undue stress, odium, ridicule and embarrassment.
 
We hereby give your good office 7 days notice as of date from this letter of demand that you comply to the 7 items listed above, failing which we shall have no other options but to lodge a police report against you on the bases of:
1) Unlawful clamping of our vehicle.
2) Unlawful and illegal detention of our vehicle.
3) Damages to our vehicle’s driver wheel, alignment, underneath structure and tire.
4) Criminal assault and intimidation by the husband of Ms. Yee and your security officers on us.
5) Undue criminal harassment to my wife.
 
Further take note while we await counsel from our legal advisor, we shall reserve our option to file a litigation suit against your management on the above subject matter.
As a gentle reminder, we had been punctual paymasters where facility fees are concerned and had settled all dues of which we had been notified and such odious treatment by your staff and security officers is totally uncalled for especially to a defenseless woman who happens to be my wife and I will definitely defend her dignity at all costs and by extension all monetary costs!!!
 
Yours faithfully
[Company] Sdn. Bhd.
 
 
 
 
[Name]
Managing Director
 
Cc Director General Of Housing & Local Government Malaysia.
ehome.kpkt.gov.my/aduan-online/entry/borangaduan.cfm
 
Ms Elaine Block B1

Hi pest controller, would you mind to share the story after sent out the letter?