It sounds like you have the reworded by-law that would be a satisfactory solution but it is being blocked by one person. Consequently it is not being put to a general meeting to attempt to pass because failure is certain?
In the ACT, our tribunal, ACAT has in several somewhat similar circumstances told us to put the matter to a general meeting anyway so that the proper process can be seen to have occurred. It also gauges support. Then the EC can go back to the tribunal and say: ‘This proposal was supported by a large majority of owners and was consistent with our legal advice but blocked by one or a few people who have been named as respondents. They were then given an opportunity to explain their objections but the EC does not believe they are reasonable and a clear majority at the general meeting were unconvinced. We are seeking orders to give effect to the failed motion on the grounds that objection would be unreasonable.’ The tribunal has regarded this as like an ‘administrative review’. IE It does not decide the individual respondents were reasonable or not; instead it decides if, at the time of the review, whether it would be reasonable for the motion to have passed at the time of the review considering all that is known at that time.
So, I think you might be best off putting the motion to a meeting, having the most support for it you can muster, and then going to the tribunal.