An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that the representative parties will fairly and adequately protect the interests of the association and its members. In the conduct of the action the court may make appropriate orders corresponding with those described in Rule 23(d), and the procedure for dismissal or compromise of the action shall correspond with that provided in Rule 23(e).
Rule 23.2.Actions Relating to Unincorporated Associations
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 23.2 lets an unincorporated association's members sue or be sued as a group through representative parties, without requiring the association to incorporate first, provided those representatives can adequately protect the interests of the whole membership.
Full Text of Rule 23.2
Amendment History
The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.
Plain-English Summary
Colorado law does not always let an unincorporated association — a union, club, or similar group without corporate status — sue or be sued as a single legal entity. Rule 23.2 fills that gap by letting a few named members stand in for the whole association and its members, so the litigation does not need every member joined individually.
The rule sets one condition: the representative parties must be able to protect the interests of the association and its other members. If they cannot, the court can deny or restructure the representative arrangement. Once the case is underway, the court manages it using the same tools available in class actions — orders about notice, conduct of the litigation, and similar matters — and any dismissal or settlement follows the same court-approval process required in class actions.
Frequently Asked Questions
Can a union or club be sued directly in Colorado without incorporating?
Not as a single entity — Rule 23.2 lets members of an unincorporated association sue or be sued as a group by naming representative parties instead of joining every member individually.
Who can serve as a representative party for an unincorporated association?
Anyone named as a representative must be able to adequately protect the interests of the association and its members; a court can reject representatives who cannot.
Does a case against an unincorporated association need court approval to settle?
Yes — dismissal or compromise of a Rule 23.2 action follows the same procedure required for class actions under Rule 23(e).
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 23.2). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as: unincorporated association lawsuitsuing an unincorporated associationrepresentative party for associationinformal club or union lawsuitassociation class action rulecolorado rule 23.2