Permanent Alternate Accommodation Agreement (PAAA)

How is an individual member’s entitlement identified?

The PAAA should identify the existing premises and the replacement premises in a way that can be checked against the society records and plans. Record the old and new carpet areas, floor, wing, unit identification and any agreed selection mechanism. If final numbering depends on sanction, the agreement needs a method for confirming the unit without leaving the member’s entitlement to a later unilateral decision.

Compare the individual document with the DA and the member entitlement table. A percentage increase described in a meeting may use a different base area from the agreement. An architect can explain the measurement basis and whether exclusive balcony, terrace or other spaces are being counted separately. Do not assume that a familiar label such as usable area has the same meaning as statutory carpet area under Section 2(k).

• RERA Act, 2016, Section 14 (adherence to sanctioned plans; structural defect liability)

How should transit accommodation and possession be documented?

Transit rent clauses should identify the payment date, recipient, start event, escalation and end event. The practical question is whether the member remains funded until lawful handover, not merely until a builder sends an informal possession message. If a member arranges temporary housing, the agreement should state which deposits, moving expenses or other obligations are actually included rather than relying on an unsigned benefit sheet.

Possession terms should address the occupancy permission applicable to the member’s building or part, basic services, inspection, defects and handover documents. A broad acknowledgment that everything is satisfactory should not be inserted automatically. Where the PAAA is tripartite, clarify the society’s role and which obligations each party undertakes. Not every arrangement has identical parties, so the title of the document is not enough to establish its legal effect.

What changes require a fresh member decision?

A substituted unit, altered area, revised amenities or changed delivery arrangement may affect the member differently from the society as a whole. The review should identify the consent and variation mechanism and explain whether a society-level approval can change a particular individual entitlement. RERA consent questions under Section 14 should be assessed separately from contractual and society-law requirements; one approval should not be assumed to satisfy every regime.

Keep the signed PAAA, annexed plans, payment undertakings and relevant DA extracts together. Before handing over the old premises, confirm which documents and security arrangements the agreed process requires. A review can identify risks and propose amendments, but it cannot ensure construction or rent payment. The named advocate’s execution advice and the member’s informed instructions remain necessary before a final instrument is signed.

• RERA Act, 2016, Section 14 (adherence to sanctioned plans; structural defect liability)
• Maharashtra Co-operative Societies Act, 1960 and applicable directions: official Co-operation Department resources
• Registration Act, 1908, Sections 17 and 49 (registration and effect of non-registration)