Connecticut's statute § 47-216 is very nearly identical to § 1-204 of the Uniform Common Interest Ownership Act (UCIOA). The drafters of the UCIOA provided the following commentary that explains how this provision works:
1. This section states the general rules of applicability of the Act to common interest communities which were created before the effective date of this Act.
2. The Act adopts a novel three-step approach to common interest communities created before the effective date of the Act. First, certain provisions of the Act described in Section 1-204 automatically apply to “old” common interest communities, but only prospectively, and only in a manner which does not invalidate provisions of declarations and bylaws valid under “old” law. Second, “old” law remains applicable to previously created common interest communities where not automatically displaced by the Act. Third, under Section 1-206, owners of “old” common interest communities may amend any provisions of their declaration or bylaws, even if the amendment would not be permitted by “old” law, so long as (a) the amendment is adopted in accordance with the procedure required by “old” law and the existing declaration and bylaws, and (b) the substance of the amendment does not violate this Act. In addition, as in the case of “new” projects, special exceptions are provided, in Section 1-205, for “small” projects.
3. Elaboration of the principles described in the last Comment may be helpful.
First, Section 1-204 provides that the enumerated provisions automatically apply to common interest communities created under pre-existing law, even though no action is taken by the unit owners. Many of the sections which do apply should measurably increase the ability of the unit owners to effectively manage the association, and should help to encourage the marketability of common interest communities created under early condominium statutes, or under common law. To avoid possible constitutional challenges, these provisions, as applied to “old” common interest communities, apply only to “events and circumstances occurring after the effective date of this Act;” moreover, the provisions of this Act are subject to the provisions of the instruments creating the common interest community, and this Act does not invalidate those instruments.
Example 1: Under Section 1-204, Section 4-109 (Resale of Units) automatically applies to “old” common interest communities. Accordingly, unit owners in common interest communities established prior to adoption of the Act would be obligated after the Act's effective date to provide resale certificates to future purchasers of units. However, the failure of a unit owner to provide such a certificate to a purchaser who acquired the unit before the effective date of the Act would not create a cause of action in the purchaser, because the conveyance was an event occurring before the effective date of the Act.
Example 2: Under Section 1-204, Section 3-118 (Association Records) automatically applies to “old” common interest communities. As a result, a unit owners' association of an “old” common interest community must maintain certain financial records, and all the records of the association “shall be made reasonably available for examination by any unit owner and his authorized agents,” even if the “old” law did not require that records be kept, or access provided. If the declaration or bylaws, however, provided that unit owners could not inspect the records of the association without permission of the president of the association, the restriction in the declaration would continue to be valid and enforceable.
Second, the prior laws of the State relating to common interest communities are not repealed by this Act because those laws will still apply to previously-created projects, except when displaced. Some States at one point made certain provisions of their condominium statutes automatically applicable to pre-existing condominiums. In certain instances, this attempted retroactive application has raised serious constitutional questions, has caused doubts to arise as to the continued validity of those condominiums, and has created general confusion as to what statutory rules should be applied.
Third, the Act seeks to alleviate any undesirable consequences of “old” law, by a limited “opt-in” provision, as provided in Section 1-206. More specifically, Section 1-206 permits the owners of a pre-existing common interest community to take advantage of the salutory provisions of this statute to the extent that can be accomplished consistent with the procedures for amending the project instruments as specified in those instruments and in the pre-existing statute or common law.
Example 3: Under most “first generation” condominium statutes, unit owners have no power to relocate boundaries between adjoining units. Under Section 2-112 of this Act, unit owners have such power, unless limited by the declaration. While Section 2-112 does not automatically apply to “old” common interest communities, if the unit owners of a pre-existing community amend their declaration to permit unit owners to relocate boundaries, this section would validate that amendment, even if it were invalid under old law.
§ 1-204. Applicability to Pre-Existing Common Interest Communities., Unif.Common Interest Ownership Act (2008) § 1-204. That's about as detailed an explanation for this provision as you are likely to find anywhere as no appellate cases have been decided in Connecticut regarding the application of this section.