Restriction to go abroad

It shall be discussed by all the owners at the AGM of the society.

President / General Secretary function for and on behalf of association but not their individual capacity, which is collective decision of majority of members .

Is yours a registered association?  If any case if a case is filed in any court of law it will be in the name of the Association and the Managing Committee can nominate any particular office bearer to appear in court on behalf of the case. There must at least be one office bearer in town to look affter the affairs of the association, even if there is no case in court.If no name is specified it will be the chairman or secretary to appear before the court. In civil cases mostly the lawyer will handle the matter. Only some responsible office bearer will have to be in touch with the court/lawyer.

It's understandable that office bearers of an Apartment Owners Association may hesitate to file legal cases due to concerns about travel restrictions and disruptions to their routine life.

However, in India, travel restrictions due to pending legal cases depend on various factors: Nature of the Case – If the case is civil (such as disputes with builders or vendors), it generally does not impose travel restrictions.

 Criminal cases, however, may require court permission for international travel. Court Orders – If a court has issued specific restrictions, such as requiring the surrender of a passport or imposing a Look Out Circular (LOC), then travel may be restricted.

 Bail Conditions – If an individual is on bail in a criminal case, they may need court approval before traveling abroad.

Permission from Court – In many cases, courts allow international travel for legitimate reasons such as employment, medical treatment, or family emergencies.

The accused must file an application before the trial court explaining the reason for travel. For civil cases filed by an Apartment Owners Association, there is no automatic restriction on travel abroad.

If the concern is about inconvenience, the association can appoint legal representatives or lawyers to handle the case without requiring the office bearers to be personally involved in every court appearance.

What is the necessity to file a case?

Is thre any reason that requires to file any case againt the builder?

You may discuss with your actual problem instead of asking question about irrelevant topics and other than legal issues.

If at all the office bearers are not willing to take any legal action as per the necessity in the capacity of the office bearers on behalf of the registered association then they can resign the post for unable to perform their duties  

Respected Kalaiselvan Sir,

The subject is associated with Apartment Associations with fewer number of flats. The scenario with big apartment complexes with hundreds of flats/owners are entirely different in comparison with the Owners Association having 20 or 30 or even 50 members. 

Preferring to buy an apartment in Kerala become very trendy among the most of the middle class communities due to lot of practical issues we are facing to maintain the individual houses. I would not like to divert the subject in a different track, so will try to clarify the same. We have 30 owners in our Apartments, taken the possession three years back. It's a RERA approved project in a municipality area. We noticed noncompliance or substandard quality in many area. We have registered under Society Registration Act kerala and doing the maintenance. But none of the Office Bearers are not interested to talk to Builders on these matters. They have indicated that any issues to be resolved by Association only, and they wont take any responsibility or involvement. There is no other way to bring them in our track other than filing a complaint legally. But none of purvoffice bearers or members are not coming forward to this due to the lack of awareness on such proceedings as mentioned in my query.

Most of the ones are 70+ years age and wish to lead a peaceful life in apartment. 

The question may ask us then why you have formed and registered this association? But it's a very difficult one to answer for the question. Even members are not willing to take the responsibility of office Bearers. 

All are fearing that such post will be a very big headache to them.

If the office bearers of a registered apartment owners association (AOA) are not performing their duties as per the bylaws, you should first attempt to resolve the issue through internal channels. 

If negotiation within the society's management committee fails, you can consider contacting the Deputy registrar of cooperative society or the competent authority established under the relevant apartment act.

If you have a grievance with the AOA or its management committee, lodge a formal written complaint outlining the issue.

Consult with a local lawyer to understand your rights and options under the law, including the potential for legal action. 

Convene meetings with other residents to discuss concerns and develop a strategy for addressing them.

The Societies Registration Act, 1860, provides a framework for handling grievances and disputes within registered societies, including AOA. 

Be aware of the competent authority in your region who is responsible for overseeing AOA and resolving disputes. 

Consider legal action as a last resort after exhausting other avenues for resolution. 

Noted Sir

Understood the point and will discuss with all members on the same.

Thank you Sir.

🙏

@ gk,

When the (present) office bearers are reluctant to function for the association, summon AGM of the association, issue notification and conduct fresh elections of the office bearers of RWA / Managing Committee members as provided in MoA and AoA of the association stated to have been registered in terms of Societies Registration Act, 1860 and replace them with some member(s)  willing to take on the responsibility.  

You have stated to have taken possession of 30 flats in the premises / association 3 years back, none of you (owners-ocum-occupiers) have contacted the builder, within period of guarantee as covenented in the contract (which is, generally, one years from the date of handing /taking over possession- you may check the document in your case) . 

At this stage you (association) should consult and engage a local prudent lawyer to analyse facts / relevant document, professional advise and necessary proceeding.