Clubhouse at Fairway Pines, L.L.C. v. Fairway Pines Estates Owners Ass'n

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that a party whose interest in property is n’t affected by the proceeding doesn’t need to be joined
• holding that common interest community association did not adequately represent the interests of individual owners, who may hold differing opinions from one another and from the association itself
• explaining that proper remedy for failure to join an indispensable party is to join the absent party
• noting that, under federal analogue to C.R.C.P. 12(h), the defense of failure to join an indispensable party is “expressly preserved against waiver”
• distinguishing a party’s assertion of an indispensable party argument “to protect the interests of absent parties” from an assertion of the argument “to protect itself”
• considering indispensable party argument that was raised for the first time after trial and noting that, in some circumstances, issue may be raised for the first time on appeal

Source: CourtListener parenthetical corpus (CC0).