Jimmy,
Yes, but the 1st step is to ensure you have a ‘valid’ by-law to start with. The main issue at hand is the length of stay ie. a few days or a few months.
If, for example, a passed by-law could state : ‘The tenancy must be for a minimum of 12 months’ then it is the by-law itself which needs to be taken to the NCAT ; not wait for someone to ‘breach’ it, then challenge the committee to take it to the NCAT for the purpose of imposing a fine. Only to then have the committee think “Gee, maybe we can’t enforce this by-law anyway…What if the NCAT doesn’t accept it ?…So, what do we do now ?‘”
As you have stated : There is another principle of strata law, and that is you can’t pass by-laws that would supersede superior law….We don’t get to set our own definitions – we have to take those established by superior laws such as the RTA and/or council by-laws.