#28642
Lady Penelope
Strataguru

    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.