C.R.S. § 38-33.3-214
38-33.3-214. Easement for encroachments
38-33.3-214. Easement for encroachments. To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and maps.