The simple answer is yes, if an owner does renovations/work that changes common property, then firstly they need to seek permission to do it. The OC may then require as a condition of approval the passing of an exclusive use by-law to make it clear that the owner is responsible for that work going forward. This is because the OC hasn’t done that work, the owner has.
I think it is a bit extreme to say at the outset that anyone wanting to do renovations will have to take out a by-law, because there will be a number of circumstances where it won’t be necessary. Not all renovations will require changes to common property. So, to have a blanket rule like that will put people off even telling the OC, and that is counterproductive.
Yes, works to a kitchen may not affect common property, unless you change the plumbing. But putting an air conditioner on an external wall does affect common property.
The problem is that you don’t know what you don’t know, so the best approach is to require owners to notify the OC of any intended works. At the very least they should be telling the OC. because the workmen have to gain access through the common property. If it is major works then the owner should provide detailed plans. If it is evident from the plans that common property is affected then a by-law will probably be necessary. But that is in an ideal world and the real world doesn’t work like that.
I got up this morning to find that the new owner of a unit here was hacking up common property to install a gas line, they didn’t ask us or tell us. And there is now a pile of bricks dumped in the front garden. I am getting so tired of being abused and feeling like the bad guy, I don’t think it is unreasonable to expect some courtesy and co-operation. Otherwise go and live in a house.