Do they do it “all the time”?
Setting the hours of operation and even a season is commonly done by OCs. I think it would be likely that a Tribunal would agree that the OC itself gets to decide them.
Setting the hours of operation is one thing. Shutting down for 25 per cent of the year is another entirely. If you have bought into or rent a property with the expectation that it will be available all year, or for a predetermined period, you are entitled to question when the rules change, apparently arbitrarily.
I can’t see how setting the hours of operation of a recreational facility could be considered as “altering common property”.
I reckon you could present a compelling argument that having a common property facility that you are not allowed to use – when you previously were allowed to used it – is altering it. It’s a heated pool and they’re going to cut off the heating. That’s a pretty significant alteration.
I’m not saying an objector would win at NCAT – but they’d have a case.