August 25, 2019

Colorado Supreme Court: Condominium Unit Owners Not Indispensable Parties Because Condominium Association Can Adequately Represent Owners’ Interests

The Colorado Supreme Court issued its opinion in In re Accetta v. Brooks Towers Residences Condominium Association on Monday, February 11, 2019.

Civil Procedure—Joinder—Declaratory Judgments—Colorado Common Interest Ownership Act

In this original proceeding pursuant to C.A.R. 21, the supreme court reviewed the district court’s order requiring plaintiff to join as indispensable parties the approximately 500 individual unit owners in the Brooks Tower Residences (Brooks Tower) rather than proceeding solely against his condominium association and its board members. Plaintiff sought, among other things, a declaratory judgment invalidating a provision of his condominium association’s declaration that provides for ownership interests to be allocated in the sole discretion of the declarant. The district court concluded that all of the Brooks Tower unit owners are indispensable parties and must be joined. The supreme court issued a rule to show cause why the district court’s ruling should not be vacated. The court concluded that the condominium association can adequately represent the interests of the absent unit owners for purposes of plaintiff’s declaratory judgment action. Therefore, plaintiff need not join those absent owners. The court made the rule to show cause absolute.

Summary provided courtesy of Colorado Lawyer.