› Flat Chat Strata Forum › New to strata – or just strata-curious › Tenants denied keys by “House Rules” › Current Page
There are two issues that arise from your request for advice: (1) the power (or powerlessness) of House Rules, and (2) inconsistencies with other Acts.
House Rules are not by-laws. The Act is silent on House Rules. Only By-laws are enforceable. However, By-laws can only be enforced and be enforceable if they are legal.
This leads on to the second issue of inconsistencies with other Acts.
The RTA has a requirement that each Tenant is to be provided with a key. Even if the OC strengthened their ‘one key per Lot’ position by creating a By-law then this By-law would be unenforceable because it is inconsistent with the RTA.
The Section of the RTA that you are referring to states that:
A landlord or landlord’s agent must give to each tenant named in the
residential tenancy agreement a copy of the key or any other opening
device or information required to open a lock or security device for the
residential premises or common property to which the tenant is entitled
to have access.
SSMA 2015 Section 136 states:
Matters by-laws can provide for
(1) By-laws may be made in relation to the management, administration, control, use or enjoyment of the lots or the common property and lots of a strata scheme.
(2) A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.