FWIW, I, like others on this website, am neither a lawyer nor expert.
I think it would be a courageous person who would go to NCAT arguing for the by-law as it stands.
While nobody knows which way NCAT will rule, it is conceivable that an owner will go to NCAT and argue that the by-law is harsh and oppressive as it curtails his/her right to use a facility which he/she as an owner pays for via levy contributions.