To the extent that any unit or common element in a common interest community 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 for the owner's willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to any plats and plans. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)