In Owners Corp OCI-POS539033E v Black [2018] VSC 337, the Victorian Supreme Court has recently upheld a VCAT decision that an owners corporation (and presumably, by analogy, a community association) provides ‘services’ in respect of common property (and community property) for the purposes of discrimination Acts – i.e. Antidiscrimination Act 1977 NSW.
This would ground an argument that a blanket ban on under 16s using a pool is discrimination on the grounds of age.
I also see that section 54 of the Community Lands Management Act 1989 propounds rules around restrictions on the use of community property. However, those rules relates to limiting use to various types of lots: development, neighbourhood or strata, and do not contemplate that community property can be restricted to certain classes of persons who reside within the scheme.
It is interesting, but I think the age restricting by-law is beyond the power of the community association.