Act on Building Unit Ownership

As members of the association prescribed in Article 3, unit owners must cooperate with one another so that the management of the building and its grounds and attached facilities (or, in the case referred to in the second sentence of that Article, the private common area) is carried out properly and smoothly.

Within the scope necessary to preserve or improve an exclusively-owned area or a common area, a unit owner may request to use the exclusively-owned area of another unit owner or to use a common area not under their ownership, or to preserve these areas themselves. In such a case, if another unit owner incurs damage, the requesting unit owner must pay them compensation.

If a unit owner does not have, or will cease to have, an address or residence in Japan (or, for a corporation, its head office or principal office; hereinafter the same applies in this paragraph and paragraph (3)), the unit owner may appoint an administrator from among persons who have an address or residence in Japan, to have the administrator perform the affairs concerning the management of the unit owner's exclusively-owned area and common areas.

An administrator appointed pursuant to the provisions of the preceding paragraph (referred to as a "domestic administrator" in the following paragraph and paragraph (4)) has the authority to perform the following acts:

an act of preservation;

an act for the purpose of using or improving the exclusively-owned area, to the extent that it does not change the nature of the exclusively-owned area;

receipt of a convocation notice for a meeting;

exercise of voting rights at a meeting; and

performance of obligations owed to other unit owners with regard to the common areas, the grounds of a building, or attached facilities of the building other than common areas, or of obligations owed to other unit owners based on the bylaws or a resolution at a meeting.

If a unit owner has appointed a domestic administrator pursuant to the provisions of paragraph (1), and there is a manager or an incorporated management association exists, the unit owner must notify the manager or the incorporated management association without delay of the fact that they have appointed a domestic administrator, and of the name and the address or residence of the domestic administrator.

Beyond what is prescribed in paragraph (2), the relationship between a unit owner and the domestic administrator is governed by the provisions on mandate.

Changes to a common area (excluding those that do not involve significant changes to the shape or function of the common area) are decided by a resolution ; the same applies in paragraph (5)) are decided at a meeting adopted by at leastwhich a three-fourths majority of the unit owners (excluding those who do not hold voting rights; hereinafter the same applies in this paragraph and paragraph (3)) (or, if a higher proportion is specified in the bylaws, at least that proportion), who hold a majority of the voting rights; provided, however, (or, if a higher proportion is specified in the bylaws, at least that this quorum of unit owners may be reduced proportion), are present, by resolution by at least a three-fourths majority (or, if a lower proportion (limited to a majority by proportion exceeding one-half) is specified in the bylaws, that proportion) each of the unit owners present and of their voting rights.

In the case of making changes to a common area by a resolution under paragraph (1), if there is a special provision in the bylaws, an act of preservation of an exclusively-owned area, or an act for the purpose of using or improving an exclusively-owned area to the extent that it does not change the nature of the exclusively-owned area, that becomes necessary in connection with the changes to the common area (referred to as an "act of preservation of an exclusively-owned area, etc." in the following paragraph and paragraph (4) of the following Article) may be decided at a meeting at which a majority of the unit owners (or, if a higher proportion is specified in the bylaws, at least that proportion), who hold a majority of the voting rights (or, if a higher proportion is specified in the bylaws, at least that proportion), are present, by resolution by at least a three-fourths majority (or, if a lower proportion (limited to a proportion exceeding one-half) is specified in the bylaws, that proportion) each of the unit owners present and of their voting rights.

When adopting a resolution referred to in the preceding paragraph, if matters concerning the manner of the act of preservation of an exclusively-owned area, etc. or the sharing of expenses are to be specified, equity in the interests among unit owners must be ensured by taking into consideration the status of use of the exclusively-owned area subject to the resolution by its unit owner, the price paid by the unit owner for the act of preservation of an exclusively-owned area, etc. concerning that exclusively-owned area, and any other circumstances.

For the purpose of applying the provisions of paragraph (1) and paragraph (3) to changes to a common area that become necessary for removing a defect in the installation or preservation of the common area in the case where the rights or legally protected interests of others are infringed or are likely to be infringed due to the defect, or to changes to a common area that become necessary in order to improve the convenience and safety of the movement of, or the use of facilities by, elderly persons, disabled persons, etc. (meaning elderly persons, disabled persons, etc. as prescribed in Article 2, item (i) of the Act on Promotion of Smooth Transportation, etc. of Elderly Persons, Disabled Persons, etc. (Act No. 91 of 2006)) by reducing the physical burden relating to their movement or their use of facilities, the term "three-fourths" in those provisions is deemed to be replaced with "two-thirds".

Entering into a non-life insurance contract forIn the case of managing a common area is deemed to be a matter by a resolution under the main clause of paragraph (1), if there is a special provision in the bylaws, an act of preservation of an exclusively-owned area, etc. that concerns becomes necessary in connection with the management of the common areasarea may be decided by a resolution at a meeting.

The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to a resolution referred to in the preceding paragraph.

Entering into a non-life insurance contract for a common area is deemed to be a matter that concerns the management of the common areas.

The manager has the right and the obligation to preserve the common areas and to preserve the building's grounds of the building and its attached facilities in the case prescribed in Article 21 (each of these is referred to as a "common area or co-owned grounds or attached facilities" in the following paragraph and Article 47, paragraph (6)), to implement meeting resolutions, and to engage in the acts specified in the bylaws.

The manager acts as the agent of the unit owners inIn connection with their duties. The same applies to (including claims for and the receipt of insurance money based on a non-life insurance contract under the provisions of Article 18, paragraph (46) (including as applied mutatis mutandis pursuant to Article 21), as well as compensation for damages arising in connection with a common area or co-owned grounds or attached facilities and monies to be returned due to unjust enrichment (hereinafter referred to as "insurance money, etc." in this Article and Article 47); the same applies in paragraph (4)), the manager acts as the agent of the unit owners (or, with regard to claims for and the receipt of insurance money, etc., of the persons who hold the right to claim insurance money, etc. (limited to unit owners or persons who were unit owners (excluding persons who were unit owners and who have manifested an intention to the contrary in writing or by electronic or magnetic means (meaning the means of using an electronic data processing system or of making use of information and communications technology that is specified by Ministry of Justice Order; the same applies hereinafter))); hereinafter the same applies in this Article and Article 47); the same applies in that paragraph).

Pursuant to the provisions of the bylaws or meeting resolutions, the manager may be named as plaintiff or defendant for a unit owner, in connection with their duties (including the matters prescribed in the second sentence of paragraph (2)).

IfIn the manager has been named as plaintiff or defendant pursuant tocases set forth in the following items, the bylaws under the preceding paragraph, they must notifymanager must notify the persons specified in the unit ownersrespective items of this without delay. In such a case, the provisions of Article 35, paragraphs (2) through (4) apply mutatis mutandis to the notice to unit owners.

if the manager has been named as plaintiff or defendant in connection with their duties pursuant to the bylaws under the preceding paragraph: the unit owners;

if the manager has been named as plaintiff or defendant in connection with claims for and the receipt of insurance money, etc. pursuant to the bylaws under the preceding paragraph: the persons who hold the right to claim insurance money, etc.; and

if the manager has been named as plaintiff or defendant in connection with claims for and the receipt of insurance money, etc. pursuant to a meeting resolution under the preceding paragraph: the persons who hold the right to claim insurance money, etc. (excluding unit owners).

The establishment, amendment, or repeal of the bylaws is effected by a resolution at a meeting adopted at which a majority of the unit owners (excluding those who do not hold voting rights; hereinafter the same applies in the first sentence of this paragraph) (or, if a higher proportion is specified in the bylaws, at least that proportion), who hold a majority of the voting rights (or, if a higher proportion is specified in the bylaws, at least that proportion), are present, by at least a three-fourths majority of the unit owners present and of the voting rightsa three-fourths majority of their votes. In such a case, if the establishment, amendment, or repeal of the bylaws will have a special influence on the rights of some unit owners, their approval must be obtained.

The establishment, amendment, or repeal of the bylaws of all the unit owners concerning a matter prescribed in paragraph (2) of the preceding Article may not be effected if more than one-fourth of the unit owners who should have common use of the private common area, (excluding those who do not hold voting rights) or persons who hold more than one-fourth of those unit owners'the voting rights, connected with the private common area oppose itthe establishment, amendment, or repeal.

The place where If the bylaws have been prepared in the form of electronic or magnetic records, the person who retains the bylaws are retained must be posted somewhere conspicuous within pursuant to the provisions of paragraph (1) may, in lieu of allowing the buildinginspection under the preceding paragraph of the content of the data recorded in the electronic or magnetic records displayed in a means specified by Ministry of Justice Order, provide the data recorded in the electronic or magnetic records by electronic or magnetic means with the consent of the interested party who made the request under that paragraph, pursuant to the provisions of Ministry of Justice Order. In such a case, the person who retains the bylaws is deemed to have allowed the inspection under that paragraph.

The place where the bylaws are retained must be posted somewhere conspicuous within the building.

One-fifth or more of the unit owners (excluding those who do not hold voting rights; the same applies in paragraph (5)) who hold at least one-fifth of all of the voting rights may request that the manager conveneindicate a subject matter for a meeting, indicating the subject matter of the meeting and request that the manager convene one; provided, however, that this quorum may be reduced by the bylaws.

If there is no manager, persons who constitute one-fifth or more of the unit owners and who hold at least one-fifth of all the voting rights may convene a meeting; provided, however, that this quorum may be reduced by the bylaws.

The convocation notice for a meeting must indicate the subject matter of the meeting and the outline of the proposal and be sent to each unit owner (excluding those who do not hold voting rights) at least one week prior to the date of the meeting; provided, however, that this period may be extended or shortened by the bylaws.

If the notice referred to in paragraph (1) is given, and the subject matter of the meeting is a matter for a resolution provided for in Article 17, paragraph (1), Article 31, paragraph (1), Article 61, paragraph (5), Article 62, paragraph (1), Article 68, paragraph (1), or Article 69, paragraph (7), notice of the outline of the proposal must also be given.

If all of the unit owners (excluding those who do not hold voting rights) have given their consent, a meeting may be held without going through convocation procedures.

If a unit owner cannot be identified or the whereabouts of a unit owner cannot be ascertained, the court may, at the request of the unit owners other than that unit owner (referred to as an "unknown or missing unit owner" in the following paragraph) (hereinafter referred to as "general unit owners" in this paragraph and paragraph (3)) or of the manager, make a judicial decision to the effect that a resolution at a meeting may be adopted by the general unit owners.

Notwithstanding the provisions of the preceding Article, a person who has been found to be an unknown or missing unit owner by the judicial decision referred to in the preceding paragraph does not hold voting rights at a meeting (or, if the building to which that judicial decision pertains has been destroyed, voting rights at a meeting held by the persons who hold the right to use the grounds pertaining to that building or who hold a share of co-ownership in the attached facilities of the building (including rights related to them)).

If the judicial decision referred to in paragraph (1) has been made at the request of general unit owners, those general unit owners must notify the manager of this without delay; provided, however, that if there is no manager, they must post a notice to that effect somewhere conspicuous within the building.

The proceedings of a meeting areA meeting's decisions are to be decided by a majority of the unit owners and of the present (excluding those who do not hold voting rights) and with a majority of their votes, except as otherwise provided for in this Act or in the bylaws.

Voting rights may also be exercised in writing or through an agent. In such a case, the number of unit owners who have exercised their voting rights in writing or through an agent is included in the number of unit owners present, and the number of those voting rights is included in the number of voting rights of the unit owners present.

Pursuant to the bylaws or a meeting resolution at a meeting, a unit owner may exercise their voting rights by electronic or magnetic means (meaning the meansin lieu of using an electronic data processing system or of making usethe exercise of voting rights in writing under the provisions of information and communications technology that is specified by Ministrythe preceding paragraph. In such a case, the provisions of Justice Order; the same applies hereinafter) in lieu of exercising their the second sentence of that paragraph apply by deeming the exercise of voting rights in writing under by electronic or magnetic means to be the provisionsexercise of the preceding paragraphvoting rights in writing.

If an exclusively-owned area is under the co-ownership ofco-owned by multiple persons, the co-owners must decide upon one person who is towill exercise thetheir voting rights, by a majority in accordance with the value of the share of each co-owner.

In the case prescribed in the preceding paragraph, the person convening who convened the meeting must, without delay after sending post the convocation notice pursuant to the provisionsdate and place of Article 35, post the meeting, the date and time, placesubject matter of the meeting, and subject matterthe outline of the meetingproposal somewhere conspicuous within the building without delay after sending the convocation notice pursuant to the provisions of Article 35.

If a resolution is required to be voted on at a meeting pursuant to the provisions of this Act or the bylaws and if all of the unit owners (excluding those who do not hold voting rights; the same applies in the following paragraph) consent, the resolution may be voted on either in writing or by electronic or magnetic means; provided, however, that the consent of the unit owners concerning a resolution voted on by electronic or magnetic means must be obtained pursuant to the provisions of Ministry of Justice Order.

Section 6 Incorporated Order for Management Associationsof an Exclusively-Owned Area with an Unknown Owner

If a unit owner of an exclusively-owned area cannot be identified or their whereabouts cannot be ascertained (or, if the exclusively-owned area is under the co-ownership of multiple persons, with regard to a share of co-ownership in the exclusively-owned area whose co-owner cannot be identified or whose co-owner's whereabouts cannot be ascertained), the court may, if it finds it necessary, at the request of an interested person, issue a disposition ordering management by an administrator of an exclusively-owned area with an unknown owner (meaning the administrator of an exclusively-owned area with an unknown owner prescribed in paragraph (4); the same applies in paragraph (3)), covering the exclusively-owned area or the share of co-ownership to which the request pertains (hereinafter referred to as an "order for management of an exclusively-owned area with an unknown owner").

The effect of an order for management of an exclusively-owned area with an unknown owner extends to movables located in the exclusively-owned area subject to that order for management of an exclusively-owned area with an unknown owner (or, if the order for management of an exclusively-owned area with an unknown owner was issued with a share of co-ownership as its subject, the exclusively-owned area that is the co-owned property) or in a common area, attached facilities, or the grounds of the building (limited to movables owned by the unit owner of the exclusively-owned area subject to that order for management of an exclusively-owned area with an unknown owner or by the person who holds the share of co-ownership), and to rights related to the common areas and attached facilities and to the right to use the grounds (in both cases, limited to those held by the unit owner of the exclusively-owned area subject to that order for management of an exclusively-owned area with an unknown owner or by the person who holds the share of co-ownership).

An order for management of an exclusively-owned area with an unknown owner may also be issued, in the case where an order for management of an exclusively-owned area with an unknown owner has been issued and that order for management of an exclusively-owned area with an unknown owner has subsequently been rescinded, if it is found necessary with regard to the property obtained by the administrator of an exclusively-owned area with an unknown owner through the management or disposition of, or any other cause relating to, the exclusively-owned area or share of co-ownership covered by that order for management of an exclusively-owned area with an unknown owner, the movables on which that order for management of an exclusively-owned area with an unknown owner has effect, rights related to the common areas and the attached facilities, and the right to use the grounds.

When issuing an order for management of an exclusively-owned area with an unknown owner, the court must appoint an administrator of an exclusively-owned area with an unknown owner in that order for management of an exclusively-owned area with an unknown owner.

If an administrator of an exclusively-owned area with an unknown owner has been appointed pursuant to the provisions of paragraph (4) of the preceding Article, the right to manage and dispose of the exclusively-owned area or share of co-ownership covered by the order for management of an exclusively-owned area with an unknown owner, the movables on which the order for management of an exclusively-owned area with an unknown owner has effect, rights related to the common areas and the attached facilities, the right to use the grounds, and the property obtained by the administrator of an exclusively-owned area with an unknown owner through the management or disposition of, or any other cause relating to, these (hereinafter referred to as the "exclusively-owned area, etc. with an unknown owner") is vested exclusively in the administrator of an exclusively-owned area with an unknown owner.

In order to perform an act exceeding the scope of the following acts, the administrator of an exclusively-owned area with an unknown owner must obtain the permission of the court; provided, however, that the lack of this permission may not be asserted against a third party acting in good faith:

an act of preservation; and

an act for the purpose of using or improving the exclusively-owned area, etc. with an unknown owner, to the extent that it does not change its nature.

If an order for management of an exclusively-owned area with an unknown owner has been issued, the administrator of an exclusively-owned area with an unknown owner is to be the plaintiff or defendant in an action concerning the exclusively-owned area, etc. with an unknown owner.

If an order for management of an exclusively-owned area with an unknown owner has been issued, litigation proceedings concerning the exclusively-owned area, etc. with an unknown owner to which the owner of that exclusively-owned area, etc. with an unknown owner (including a person who holds a share of co-ownership in it; the same applies in paragraph (5)) is a party are interrupted.

The administrator of an exclusively-owned area with an unknown owner may take over the litigation proceedings interrupted pursuant to the provisions of the preceding paragraph. In such a case, a petition for the taking over of the proceedings may also be filed by the other party.

If an order for management of an exclusively-owned area with an unknown owner has been rescinded, litigation proceedings concerning the exclusively-owned area, etc. with an unknown owner to which the administrator of an exclusively-owned area with an unknown owner is a party are interrupted.

The owner of the exclusively-owned area, etc. with an unknown owner must take over the litigation proceedings interrupted pursuant to the provisions of the preceding paragraph. In such a case, a petition for the taking over of the proceedings may also be filed by the other party.

The administrator of an exclusively-owned area with an unknown owner must exercise their authority with the due care of a prudent manager for the benefit of the owner of the exclusively-owned area, etc. with an unknown owner (including a person who holds a share of co-ownership in it).

If an order for management of an exclusively-owned area with an unknown owner has been issued covering the shares of co-ownership of multiple persons, the administrator of an exclusively-owned area with an unknown owner must exercise their authority in good faith and impartially for the benefit of all of the persons who hold the shares of co-ownership covered by that order for management of an exclusively-owned area with an unknown owner.

If the administrator of an exclusively-owned area with an unknown owner has caused significant damage to the exclusively-owned area, etc. with an unknown owner in breach of their duties, or if there are any other material grounds, the court may dismiss the administrator of an exclusively-owned area with an unknown owner at the request of an interested person.

The administrator of an exclusively-owned area with an unknown owner may resign with the permission of the court if there are legitimate grounds.

The administrator of an exclusively-owned area with an unknown owner may receive, from the exclusively-owned area, etc. with an unknown owner, advance payment of expenses and remuneration in the amount determined by the court.

Expenses and remuneration necessary for the management of the exclusively-owned area, etc. with an unknown owner by the administrator of an exclusively-owned area with an unknown owner are borne by the owner of the exclusively-owned area, etc. with an unknown owner (including a person who holds a share of co-ownership in it).

Section 7 Measures Against Persons Who Violate ObligationsOrder for Management of a Poorly Managed Exclusively-Owned Area and Order for Management of a Poorly Managed Common Area

If the rights or legally protected interests of others are infringed or are likely to be infringed as a result of the inappropriate management of an exclusively-owned area by its unit owner, the court may, if it finds it necessary, at the request of an interested person, issue a disposition ordering management by the administrator of a poorly managed exclusively-owned area prescribed in paragraph (3), covering that exclusively-owned area (hereinafter referred to as an "order for management of a poorly managed exclusively-owned area").

The effect of an order for management of a poorly managed exclusively-owned area extends to movables located in the exclusively-owned area subject to that order for management of a poorly managed exclusively-owned area or in a common area, attached facilities, or the grounds of the building (limited to movables owned by the unit owner of the exclusively-owned area subject to that order for management of a poorly managed exclusively-owned area or by a person who holds a share of co-ownership in it), and to rights related to the common areas and attached facilities and to the right to use the grounds (in both cases, limited to those held by the unit owner of the exclusively-owned area subject to that order for management of a poorly managed exclusively-owned area or by a person who holds a share of co-ownership in it).

When issuing an order for management of a poorly managed exclusively-owned area, the court must appoint an administrator of a poorly managed exclusively-owned area in that order for management of a poorly managed exclusively-owned area.

The administrator of a poorly managed exclusively-owned area has the authority to manage and dispose of the exclusively-owned area covered by the order for management of a poorly managed exclusively-owned area, the movables on which the order for management of a poorly managed exclusively-owned area has effect, rights related to the common areas and the attached facilities, the right to use the grounds, and the property obtained by the administrator of a poorly managed exclusively-owned area through the management or disposition of, or any other cause relating to, these (hereinafter referred to as the "poorly managed exclusively-owned area, etc.").

Notwithstanding the provisions of the preceding paragraph, the administrator of a poorly managed exclusively-owned area may not exercise voting rights at a meeting.

In order to perform an act exceeding the scope of the following acts, the administrator of a poorly managed exclusively-owned area must obtain the permission of the court; provided, however, that the lack of this permission may not be asserted against a third party acting in good faith and without negligence:

an act of preservation; and

an act for the purpose of using or improving the poorly managed exclusively-owned area, etc., to the extent that it does not change its nature.

The permission referred to in the preceding paragraph for the disposition of the exclusively-owned area covered by an order for management of a poorly managed exclusively-owned area may not be granted without the consent of its unit owner.

The administrator of a poorly managed exclusively-owned area must exercise their authority with the due care of a prudent manager for the benefit of the owner of the poorly managed exclusively-owned area, etc.

If the poorly managed exclusively-owned area, etc. is under the co-ownership of multiple persons, the administrator of a poorly managed exclusively-owned area must exercise their authority in good faith and impartially for the benefit of all of the persons who hold the shares of co-ownership in it.

If the administrator of a poorly managed exclusively-owned area has caused significant damage to the poorly managed exclusively-owned area, etc. in breach of their duties, or if there are any other material grounds, the court may dismiss the administrator of a poorly managed exclusively-owned area at the request of an interested person.

The administrator of a poorly managed exclusively-owned area may resign with the permission of the court if there are legitimate grounds.

The administrator of a poorly managed exclusively-owned area may receive, from the poorly managed exclusively-owned area, etc., advance payment of expenses and remuneration in the amount determined by the court.

Expenses and remuneration necessary for the management of the poorly managed exclusively-owned area, etc. by the administrator of a poorly managed exclusively-owned area are borne by the owner of the poorly managed exclusively-owned area, etc.

If the rights or legally protected interests of others are infringed or are likely to be infringed as a result of the inappropriate management of a common area by the unit owners, the court may, if it finds it necessary, at the request of an interested person, issue a disposition ordering management by the administrator of a poorly managed common area prescribed in paragraph (3), covering that common area (hereinafter referred to as an "order for management of a poorly managed common area").

The effect of an order for management of a poorly managed common area extends to movables located in the common area subject to that order for management of a poorly managed common area (limited to movables owned by the owner of the common area subject to that order for management of a poorly managed common area or by a person who holds a share of co-ownership in it).

When issuing an order for management of a poorly managed common area, the court must appoint an administrator of a poorly managed common area in that order for management of a poorly managed common area.

The provisions of Articles 46-9 through 46-12 apply mutatis mutandis to an order for management of a poorly managed common area and an administrator of a poorly managed common area. In such a case, the term "poorly managed exclusively-owned area, etc." in those provisions is deemed to be replaced with "poorly managed common area, etc."; the term "exclusively-owned area" in Article 46-9, paragraph (1) is deemed to be replaced with "common area", and the phrase "movables on which the order has effect, rights related to the common areas and the attached facilities, the right to use the grounds" in that paragraph is deemed to be replaced with "movables on which the order has effect"; the term "exclusively-owned area" in paragraph (4) of that Article is deemed to be replaced with "common area", and the term "unit owner" in that paragraph is deemed to be replaced with "owner"; and the phrase "are borne by the owner of" in Article 46-12, paragraph (2) is deemed to be replaced with "are jointly and severally borne by the persons who co-own".

Section 8 Restoration and ReconstructionIncorporated Management Associations

The association prescribed in Article 3 becomes a corporation by deciding, through a resolution at that it is to become a corporation and its name and office through a meeting resolution adopted by at a meeting at leastwhich a three-fourths majority of the unit owners and (excluding those who do not hold voting rights; hereinafter the same applies in this paragraph) (or, if a higher proportion is specified in the bylaws, at least that proportion), who hold a majority of the voting rights, that it (or, if a higher proportion is to become a corporation and its name specified in the bylaws, at least that proportion), are present, by at least a three-fourths majority each of the unit owners present and officeof their voting rights, and by completingmaking a registration in the locality of its principal office.

An incorporated management association acts as the agent of the unit owners in connection(or, with its administrative affairs. The same appliesregard to claims for and the receipt of insurance money based on a non-life insurance contract under the provisions of Article 18, paragraph (4) (including as applied mutatis mutandis pursuant, etc., of the persons who hold the right to Article 21), as well as compensation for damages arisingclaim insurance money, etc.; the same applies in that paragraph) in connection with a common area or co-owned grounds or attached facilities and monies to be returned due to unjust enrichmentits administrative affairs (including claims for and the receipt of insurance money, etc.; the same applies in paragraph (8)).

Pursuant to the provisions of the bylaws or meeting resolutions, an incorporated management association may be named as plaintiff or defendant for a unit owner, in connection with its administrative affairs (including the matters prescribed in the second sentence of paragraph (6)).

If an incorporated management association has been named as plaintiff or defendant pursuant to the bylaws underIn the cases set forth in the following items, the incorporated management association must notify the preceding paragraph, it must notifypersons specified in the unit ownersrespective items of this without delay. In such a case, the provisions of Article 35, paragraphs (2) through (4) apply mutatis mutandis to the notice to unit owners.

if the incorporated management association has been named as plaintiff or defendant in connection with its administrative affairs pursuant to the bylaws under the preceding paragraph: the unit owners;

if the incorporated management association has been named as plaintiff or defendant in connection with claims for and the receipt of insurance money, etc. pursuant to the bylaws under the preceding paragraph: the persons who hold the right to claim insurance money, etc.; and

if the incorporated management association has been named as plaintiff or defendant in connection with claims for and the receipt of insurance money, etc. pursuant to a meeting resolution under the preceding paragraph: the persons who hold the right to claim insurance money, etc. (excluding unit owners).

WhenFor the purpose of applying the provisions of the main clause of Article 33, paragraph (1) (including as applied mutatis mutandis pursuant to Article 42, paragraph (5) and Article 45, paragraph (4); hereinafter the same applies in this paragraph) apply to , Article 34, paragraphs (1) through (3) and paragraph (5), Article 35, paragraph (3), Article 38-2, paragraphs (1) and (3), Article 41, and Article 43 in the case where an incorporated management association exists, the phrase "by the term "manager" in those provisions (excluding the main clause of Article 33, paragraph (1) and Article 38-2, paragraph (1)) is deemed to be replaced with "by the director at", the office ofterm "by the incorporated management association", and whenmanager" in the provisions main clause of Article 34, paragraphs33, paragraph (1) through (3) and paragraph (5), Article 35, paragraph (3), Article 41, and Article 43 apply to it, is deemed to be replaced with "by the director at the office of an incorporated management association", and the term "manager" in those provisions Article 38-2, paragraph (1) is deemed to be replaced with "directorincorporated management association".

If it is necessary in order to manage the building and its grounds and attached facilities, an incorporated management association may acquire the unit ownership of that building, or land that should be managed or used together with that building and the land on which that building is located, by a resolution adopted at a meeting at which a majority of the unit owners (excluding those who do not hold voting rights; hereinafter the same applies in this paragraph) (or, if a higher proportion is specified in the bylaws, at least that proportion), who hold a majority of the voting rights (or, if a higher proportion is specified in the bylaws, at least that proportion), are present, by at least a three-fourths majority each of the unit owners present and of their voting rights.

Even if an incorporated management association has acquired unit ownership pursuant to the provisions of the preceding paragraph, it does not hold voting rights at a meeting of that incorporated management association, notwithstanding the provisions of Article 38.

The resolution referred to in item (iii) of the preceding paragraph is adopted at a meeting at which a majority of the unit owners (excluding those who do not hold voting rights; hereinafter the same applies in this paragraph) (or, if a higher proportion is specified in the bylaws, at least that proportion), who hold a majority of the voting rights (or, if a higher proportion is specified in the bylaws, at least that proportion), are present, by at least a three-fourths majority each of the unit owners present and of thetheir voting rights.

Section 9 Measures Against Persons Who Violate Obligations

TheA resolution referred to in the preceding paragraph is adopted at a meeting at which a majority of the unit owners (excluding those who do not hold voting rights; hereinafter the same applies in this paragraph) (or, if a higher proportion is specified in the bylaws, at least that proportion), who hold a majority of the voting rights (or, if a higher proportion is specified in the bylaws, at least that proportion), are present, by at least a three-fourths majority each of the unit owners present and of thetheir voting rights.

Section 10 Restoration and Reconstruction, etc.

If a part of a building equivalent to one-half or lessup to half of the value of the buildingbuilding's value has been destroyed, each unit owner may restore the destroyed common areas and their own exclusively-owned area that have been destroyed; provided, however, that this does not apply to the common areas if athe resolution referred to in paragraph (3), paragraph (1) of the following Article, or Article 64-5, paragraph (1), Article 7064-6, paragraph (1), Article 64-7, paragraph (1), Article 64-8, paragraph (1), Article 70, paragraph (1), Article 71, paragraph (1), or Article 84, paragraph (1) has been adopted before the commencement of restoration work.

Except in the casecases prescribed in the main clause of paragraph (1), if a part of a building has been destroyed, a resolution to restore the destroyed common areas may be adopted at a meeting at which a majority of the unit owners (excluding those who do not hold voting rights; hereinafter the same applies in this paragraph) (or, if a higher proportion is specified in the bylaws, at least that proportion), who hold a majority of the voting rights (or, if a higher proportion is specified in the bylaws, at least that proportion), are present, by at least a three-fourthstwo-thirds majority each of the unit owners present and of thetheir voting rights.

In the case prescribed in paragraph (5), if a resolution under that paragraph, paragraph (1) of the following Article, or Article 64-5, paragraph (1), Article 64-6, paragraph (1), Article 64-7, paragraph (1), Article 64-8, paragraph (1), Article 70, paragraph (1) , Article 71, paragraph (1), or Article 84, paragraph (1) has not been adopted within six months fromafter the day on whichof the part partial destruction of the building was destroyed, each unit owner may request that the other unit owners purchase the building and the rights to its grounds at their market value.

A resolution to demolish a building and construct a new building on the grounds of thatthe building being demolished or on part of thatits land, or on land that includes all or part of the grounds of thatthe building being demolished (hereinafter this is referred to as a "resolution to reconstruct"), may be adopted at a meeting by at least a four-fifths majority of the unit owners and of the (excluding those who do not hold voting rights) and at least a four-fifths majority of the votes.

A resolution to reconstruct must establish For the purpose of applying the provisions of the preceding paragraph in the case where the building falls under any of the following mattersitems, the term "four-fifths" in that paragraph is deemed to be replaced with "three-fourths":

an outline of the design of if the building does not conform to the building that is to be newly constructed (hereinafter referred standards specified by the Minister of Justice as being equivalent to as the provisions of the "reconstructed building" in this paragraph)Building Standards Act (Act No. 201 of 1950), or of orders or ordinances based on it, concerning safety against earthquakes;

if the estimated amount of expenses necessary for building does not conform to the standards specified by the demolitionMinister of the building and Justice as being equivalent to the constructionprovisions of the reconstructed buildingBuilding Standards Act, or of orders or ordinances based on it, concerning safety against fire;

matters concerning if the building falls under the sharing standards specified by the Minister of expenses prescribed in Justice as those under which there is a risk of harm being caused to the preceding item; surroundings by exterior walls, exterior materials, or other similar parts of the building peeling off and falling;

matters concerning if the building falls under the attribution of standards specified by the unit ownership Minister of Justice as those under which there is a risk that damage, corrosion, or other deterioration of the reconstructed water supply, drainage, or other piping facilities (limited to those specified by Ministry of Justice Order as facilities on which it is extremely difficult to carry out renovation work) will make the building. seriously harmful from a sanitary standpoint; or

if the building does not conform to the standards specified by the Minister of Justice as being equivalent to the building accessibility standards prescribed in Article 14, paragraph (5) of the Act on Promotion of Smooth Transportation, etc. of Elderly Persons, Disabled Persons, etc.

The matters referred to in item (iii) and item (iv) When establishing or changing the standards referred to in the items of the preceding paragraph must be established in a manner that does not undermine, the Minister of Justice is to consult with the equityMinister of each unit ownerLand, Infrastructure, Transport and Tourism in advance.

Notwithstanding the provisions of Article 35, paragraph (1), if a meeting whose subject matter is a matter for aA resolution provided for in paragraph (1) is convened, the notice under that paragraph must be sent at least two months prior to the date ofreconstruct must establish the meeting; provided, however, that this period may be extended by the bylaws.following matters:

an outline of the design of the building that is to be newly constructed (hereinafter referred to as the "reconstructed building" in this paragraph);

the estimated amount of expenses necessary for the demolition of the building and the construction of the reconstructed building;

matters concerning the sharing of expenses prescribed in the preceding item; and

matters concerning the attribution of the unit ownership of the reconstructed building.

In the case prescribedThe matters referred to in the preceding paragraph, when giving the notice under Article 35, paragraph (1), notice item (iii) and item (iv) of the following matterspreceding paragraph must also be given,established in addition to the outline of the proposal prescribed in paragraph (5)a manner that does not undermine the equity of that Article:each unit owner.

the reasons that necessitate the reconstruction;

if it has been decided that the building will not be reconstructed, the amount of expenses necessary to maintain or recover the utility of the building (including securing the utility that a building normally should have), and the breakdown of the expenses;

if a plan for repairing the building has been established, the content of the plan; and

the amount of reserve funds reserved for the repair of the building.

A person who has convened a meeting referred to inNotwithstanding the provisions of Article 35, paragraph (4) must hold an explanatory1), if a meeting to explain to the unit owners the matters of which notice is required to be given when convening the meeting,whose subject matter is a resolution to reconstruct is convened, the notice under Article 35, paragraph (1) must be sent at least one monthtwo months prior to the date of the meeting; provided, however that this period may be extended by the bylaws.

The provisions of Article 35, paragraphs (1) through (4) and Article 36 apply mutatis mutandis to the holding ofIn the case prescribed in the preceding paragraph, when a person gives the explanatory meetingnotice referred to in the precedingArticle 35, paragraph. In such a case, the phrase "extended or shortened" (1), they must give notice of the following matters, in the provisoaddition to Article 35, paragraph (1) is deemed to be replaced with "extended".the subject matter of the meeting and the outline of the proposal:

the reasons that necessitate the reconstruction of the building;

if it has been decided that the building will not be reconstructed, the amount of expenses necessary to maintain or recover the utility of the building (including securing the utility that a building normally should have), and the breakdown of the expenses;

if a plan for repairing the building has been established, the content of the plan; and

the amount of reserve funds reserved for the repair of the building.

The provisions of A person who has convened a meeting referred to in paragraph (6) of the preceding Article apply mutatis mutandismust hold an explanatory meeting to explain to the minutes unit owners the matters of which the person is required to notify them when convening a meeting that has adopted a resolution , by at least one month prior to reconstructthe date of the meeting.

The provisions of Article 35 and Article 36 apply mutatis mutandis to the holding of an explanatory meeting referred to in the preceding paragraph.

The provisions of paragraph (6) of the preceding Article apply mutatis mutandis to the minutes of a meeting that has adopted a resolution to reconstruct.

If a resolution to reconstruct has been adopted, each unit owner who was in favor of the resolution to reconstruct or each unit owner who has answered that they will participate in the reconstruction in accordance with the content of the resolution to reconstruct (including the successors of those unit owners), or any person who has been designated as the person who may request the termination of a lease with the unanimous consent of those unit owners, or the unit owner of an exclusively-owned area that is leased, may request that the lessee of that exclusively-owned area terminate the lease.

If a request under the preceding paragraph has been made, the lease of that exclusively-owned area terminates when six months have elapsed from the day on which the request was made.

If a request under paragraph (1) has been made, the unit owner of that exclusively-owned area must pay the lessee of that exclusively-owned area (including a sublessee; the same applies in paragraph (5)) compensation for the loss that normally arises from the termination of the lease.

A person who has made a request under paragraph (1) (excluding the unit owner of that exclusively-owned area) is jointly and severally liable with the unit owner of that exclusively-owned area to perform the obligation referred to in the preceding paragraph.

Even if the lease of an exclusively-owned area has terminated pursuant to the provisions of paragraph (2), the lessee of that exclusively-owned area may refuse to vacate that exclusively-owned area until they are offered the compensation under the preceding two paragraphs.

The provisions of paragraphs (1) and (2) of the preceding Article apply mutatis mutandis to the case where an exclusively-owned area is the subject matter of a loan for use (excluding the case prescribed in Article 598, paragraph (1) or (2) of the Civil Code).

The provisions of Article 64-2 apply mutatis mutandis to the case where a spouse's right to reside has been established in an exclusively-owned area (excluding the case prescribed in the proviso to Article 1035, paragraph (1) of the Civil Code).

A resolution to the effect that the renewal of the building (meaning making changes to the shape of the common areas in order to maintain or recover the utility of the structurally principal parts of the building (including securing the utility that they normally should have) and, in connection with this, making changes to the shape, area, or positional relationships of all of the exclusively-owned areas; the same applies in the following paragraph) is to be carried out (referred to as a "resolution to renew the building" in that paragraph and paragraph (3)) may be adopted at a meeting by at least a four-fifths majority of the unit owners (excluding those who do not hold voting rights) and at least a four-fifths majority of the voting rights.

A resolution to renew the building must establish the following matters:

an outline of the design of the building after the renewal of the building;

the estimated amount of expenses necessary for the renewal of the building;

matters concerning the sharing of expenses prescribed in the preceding item; and

matters concerning the attribution of the unit ownership of the building after the renewal of the building.

The provisions of Article 62 (excluding paragraphs (1) and (4)) and Articles 63 through the preceding Article apply mutatis mutandis to a resolution to renew the building. In such a case, the phrase "the preceding paragraph" in Article 62, paragraph (2) is deemed to be replaced with "Article 64-5, paragraph (1)"; the phrase "item (iii) and item (iv) of the preceding paragraph" in paragraph (5) of that Article is deemed to be replaced with "Article 64-5, paragraph (2), item (iii) and item (iv)"; the phrase "reconstruction of the building" in paragraph (7), item (i) of that Article is deemed to be replaced with "renewal of the building (meaning the renewal of the building prescribed in Article 64-5, paragraph (1); the same applies hereinafter)"; the phrase "reconstruction of the building" in item (ii) of that paragraph is deemed to be replaced with "renewal of the building"; the phrase "in the reconstruction" in Article 63, paragraphs (1), (2), and (4) through (6), Article 64, and Article 64-2, paragraph (1) is deemed to be replaced with "in the renewal of the building"; the phrase "demolition work on the building" in Article 63, paragraphs (7) and (8) is deemed to be replaced with "work for the renewal of the building"; and the phrase "implement the reconstruction" in Article 64 is deemed to be replaced with "implement the renewal of the building".

If the right to use the grounds is ownership or any other right held by multiple persons, a resolution to the effect that the building and its grounds (including rights related to them) are to be sold (referred to as a "resolution to sell the building and its grounds" in the following paragraph and paragraph (3)) may be adopted at a meeting by at least a four-fifths majority of the unit owners (excluding those who do not hold voting rights), at least a four-fifths majority of the voting rights, and at least a four-fifths majority of the value of the shares in that right to use the grounds (excluding shares held by unit owners who do not hold voting rights).

A resolution to sell the building and its grounds must establish the following matters:

the name of the person who is to be the counterparty to the sale;

the expected amount of the price from the sale; and

matters concerning the method of calculating the amount of money that each unit owner may acquire through the sale.

The provisions of Article 62 (excluding paragraphs (1) and (4)) and Articles 63 through 64-4 apply mutatis mutandis to a resolution to sell the building and its grounds. In such a case, the phrase "the preceding paragraph" in Article 62, paragraph (2) is deemed to be replaced with "Article 64-6, paragraph (1)"; the phrase "item (iii) and item (iv) of the preceding paragraph" in paragraph (5) of that Article is deemed to be replaced with "Article 64-6, paragraph (2), item (iii)"; the phrase "reconstruction of the building" in paragraph (7), items (i) and (ii) of that Article is deemed to be replaced with "sale of the building and its grounds (including rights related to them)"; the phrase "in the reconstruction" in Article 63, paragraphs (1), (2), and (4) through (6), Article 64, and Article 64-2, paragraph (1) is deemed to be replaced with "in the sale"; the phrase "demolition work on the building has not commenced" in Article 63, paragraph (7) is deemed to be replaced with "there has been no transfer of rights to the building and its grounds (including rights related to them) under a sales contract (hereinafter referred to as a 'transfer of rights to the building, etc.' in this paragraph and the following paragraph)"; the phrase "not commencing the demolition work on the building" in the proviso to that paragraph is deemed to be replaced with "there having been no transfer of rights to the building, etc."; the phrase "the commencement of demolition work on the building" in paragraph (8) of that Article is deemed to be replaced with "the transfer of rights to the building, etc.", and the phrase "demolition work on the building has not commenced" in that paragraph is deemed to be replaced with "there has been no transfer of rights to the building, etc."; and the phrase "implement the reconstruction" in Article 64 is deemed to be replaced with "implement the sale".

If the right to use the grounds is ownership or any other right held by multiple persons, a resolution to the effect that the building is to be demolished and the grounds of the building (including rights related to them; the same applies in the following paragraph) are to be sold (referred to as a "resolution to demolish the building and sell its grounds" in that paragraph and paragraph (3)) may be adopted at a meeting by at least a four-fifths majority of the unit owners (excluding those who do not hold voting rights), at least a four-fifths majority of the voting rights, and at least a four-fifths majority of the value of the shares in that right to use the grounds (excluding shares held by unit owners who do not hold voting rights).

A resolution to demolish the building and sell its grounds must establish the following matters:

the estimated amount of expenses necessary for the demolition of the building;

matters concerning the sharing of expenses prescribed in the preceding item;

the name of the person who is to be the counterparty to the sale of the grounds of the building;

the expected amount of the price from the sale of the grounds of the building; and

matters concerning the method of calculating the amount of money that each unit owner may acquire through the sale of the grounds of the building.

The provisions of Article 62 (excluding paragraphs (1) and (4)) and Articles 63 through 64-4 apply mutatis mutandis to a resolution to demolish the building and sell its grounds. In such a case, the phrase "the preceding paragraph" in Article 62, paragraph (2) is deemed to be replaced with "Article 64-7, paragraph (1)"; the phrase "item (iii) and item (iv) of the preceding paragraph" in paragraph (5) of that Article is deemed to be replaced with "Article 64-7, paragraph (2), item (ii) and item (v)"; the term "reconstruction" in paragraph (7), items (i) and (ii) of that Article is deemed to be replaced with "demolition and the sale of the grounds of the building (including rights related to them)"; the phrase "in the reconstruction" in Article 63, paragraphs (1), (2), and (4) through (6), Article 64, and Article 64-2, paragraph (1) is deemed to be replaced with "in the demolition of the building and the sale of the grounds of the building (including rights related to them)"; and the term "及び" (and) in Article 64 is deemed to be replaced with "並びに" (and, joining a larger group of items), and the phrase "implement the reconstruction" in that Article is deemed to be replaced with "implement the demolition of the building and the sale of the grounds of the building (including rights related to them)".

A resolution to the effect that the building is to be demolished (hereinafter referred to as a "resolution to demolish" in this Article and Article 77) may be adopted at a meeting by at least a four-fifths majority of the unit owners (excluding those who do not hold voting rights) and at least a four-fifths majority of the voting rights.

A resolution to demolish must establish the following matters:

the estimated amount of expenses necessary for the demolition of the building; and

matters concerning the sharing of expenses prescribed in the preceding item.

The provisions of Article 62 (excluding paragraphs (1) and (4)) and Articles 63 through 64-4 apply mutatis mutandis to a resolution to demolish. In such a case, the phrase "the preceding paragraph" in Article 62, paragraph (2) is deemed to be replaced with "Article 64-8, paragraph (1)"; the phrase "item (iii) and item (iv) of the preceding paragraph" in paragraph (5) of that Article is deemed to be replaced with "Article 64-8, paragraph (2), item (ii)"; the term "reconstruction" in paragraph (7), items (i) and (ii) of that Article is deemed to be replaced with "demolition"; the phrase "in the reconstruction" in Article 63, paragraphs (1), (2), and (4) through (6), Article 64, and Article 64-2, paragraph (1) is deemed to be replaced with "in the demolition"; and the phrase "implement the reconstruction" in Article 64 is deemed to be replaced with "implement the demolition".

The provisions of Article 7, Article 8, Articles 17 through 19, Article 25, Article 26, Article 28, Article 29, Article 30, paragraph (1) and paragraphs (3) through (5), Article 31, paragraph (1), and Articles 33 through 56-7 apply mutatis mutandis to the case referred to in the preceding Article. In such a case, the terms "unit owner" and "incorporated management association" in those provisions (excluding Article 55, paragraph (1), item (i)) are deemed to be replaced with "owner of buildings in a housing complex as prescribed in Article 65" and "incorporated housing complex management association", respectively; the phrases "a common area, the grounds of the building, or attached facilities of the building other than a common area" and "unit ownership" in Article 7, paragraph (1) are deemed to be replaced with "the land or attached facilities in the case prescribed in Article 65 (hereinafter referred to as 'land or attached facilities')" and "rights to the land or attached facilities, building, or unit ownership", respectively; the phrases "common area" in Article 17, Article 18, paragraphs (1) and (4), and Article 19, "the common areas, and the grounds and attached facilities of the relevant building in the case prescribed in Article 21" in Article 26, paragraph (1), and "the building, its grounds, and its attached facilities" in Article 29, paragraph (1) are deemed to be replaced with "the land or attached facilities, as well as the land and attached facilities set forth in Article 68, paragraph (1), item (i) and the common areas of the buildings set forth in item (ii) of that paragraph that are specified for management by the bylaws under the provisions of that Article"; the term "exclusively-owned area" in Article 17, paragraph (2), Article 35, paragraphs (2) and (3), Article 40, and Article 44, paragraph (1) is deemed to be replaced with "building or exclusively-owned area"; the phrase "specified in Article 14" in Article 29, paragraph (1), Article 38, Article 53, paragraph (1), and Article 56 is deemed to be replaced with "of the shares in the land or attached facilities (including rights related to them)"; the phrase "a building or its grounds or attached facilities" in Article 30, paragraph (1) and Article 46, paragraph (2) is deemed to be replaced with "the land or attached facilities or the things set forth in the items of Article 68, paragraph (1)"; the phrase "the exclusively-owned areas, common areas, or grounds or attached facilities of the building (including rights related to the grounds or attached facilities)" in Article 30, paragraph (3) is deemed to be replaced with "the buildings or exclusively-owned areas, or land or attached facilities (including rights related to the land or attached facilities), or the land or attached facilities set forth in Article 68, paragraph (1), item (i) (including rights related to them) or the common areas of the buildings set forth in item (ii) of that paragraph that are specified for management by the bylaws under the provisions of that Article"; the phrase "within the building" in Article 33, paragraph (3), Article 35, paragraph (4), and Article 44, paragraph (2) is deemed to be replaced with "within the housing complex"; the phrase "Article 61, paragraph (5), Article 62, paragraph (1), Article 68, paragraph (1), or Article 69, paragraph (7)" in Article 35, paragraph (5) is deemed to be replaced with "Article 69, paragraph (1) or Article 70, paragraph (1)"; the term "possessor" in Article 46, paragraph (2) is deemed to be replaced with "person who possesses a building or exclusively-owned area but who is not an owner of buildings in a housing complex as prescribed in Article 65"; the phrase "Article 3" in Article 47, paragraph (1) is deemed to be replaced with "Article 65"; the phrase "the building (or, for an incorporated management association consisting of unit owners who should have common use of a private common area, that common area)" in Article 55, paragraph (1), item (i) is deemed to be replaced with "the land or attached facilities (including rights related to them)"; and the phrase "the exclusively-owned areas in the building having ceased to exist" in item (ii) of that paragraph is deemed to be replaced with "the land or attached facilities (including rights related to them) having ceased to be co-owned by the owners of buildings in a housing complex as prescribed in Article 65".and Section 4 (excluding Article 27), Section 5 (excluding Article 30, paragraph (2), Article 31, paragraph (2), and Article 32), and Section 8 of the preceding Chapter apply mutatis mutandis to the case referred to in the preceding Article. In such a case, in addition to the term "incorporated management association" in those provisions (excluding Article 55, paragraph (1), item (i)) being deemed to be replaced with "incorporated housing complex management association", the words and phrases set forth in the middle column of the following table in the provisions set forth in the left-hand column of that table are deemed to be replaced with the words and phrases set forth in the right-hand column of that table. Article 7, paragraph (1) a unit owner an owner of buildings in a housing complex (meaning an owner of buildings in a housing complex as prescribed in Article 65; the same applies hereinafter) a common area, the grounds of the building, or attached facilities of the building other than a common area the land or attached facilities in the case prescribed in that Article (hereinafter referred to as "land or attached facilities") unit owner owner of buildings in a housing complex unit ownership rights to the land or attached facilities, building, or unit ownership Article 8 unit owner owner of buildings in a housing complex Article 17, paragraph (1) common area land or attached facilities, as well as the land and attached facilities set forth in Article 68, paragraph (1), item (i) and the common areas of the buildings set forth in item (ii) of that paragraph that are specified for management pursuant to the bylaws under the provisions of Article 68 (hereinafter referred to as "property under housing complex management") unit owner owner of buildings in a housing complex Article 17, paragraph (2) common area property under housing complex management exclusively-owned area building or exclusively-owned area Article 17, paragraph (3) common area property under housing complex management act of preservation of an exclusively-owned area or the nature of an exclusively-owned area act of preservation of a building or exclusively-owned area or the nature of a building or exclusively-owned area act of preservation, etc. of an exclusively-owned area act of preservation, etc. of a building or exclusively-owned area unit owner owner of buildings in a housing complex Article 17, paragraph (4) act of preservation, etc. of an exclusively-owned area act of preservation, etc. of a building or exclusively-owned area exclusively-owned area that is the subject building or exclusively-owned area that is the subject unit owner owner of buildings in a housing complex Article 17, paragraph (5) and Article 18, paragraph (1) common area property under housing complex management Article 18, paragraph (4) common area property under housing complex management exclusively-owned area building or exclusively-owned area Article 18, paragraph (6) and Article 19 common area property under housing complex management Article 25 unit owner owner of buildings in a housing complex Article 26, paragraph (1) the common areas, and the grounds and attached facilities of the relevant building in the case prescribed in Article 21 (referred to as "common area or co-owned grounds or attached facilities" in the following paragraph) property under housing complex management Article 26, paragraph (2) common area or co-owned grounds or attached facilities property under housing complex management unit owner owner of buildings in a housing complex Article 26, paragraphs (4) and (5) unit owner owner of buildings in a housing complex Article 29, paragraph (1) unit owner owner of buildings in a housing complex specified in Article 14 of the value of the shares in the land or attached facilities (including rights related to them) proviso to Article 29, paragraph (1) the building, its grounds, and its attached facilities property under housing complex management Article 29, paragraph (2) unit owner owner of buildings in a housing complex Article 30, paragraph (1) a building or its grounds or attached facilities land or attached facilities or the things set forth in the items of Article 68, paragraph (1) unit owner owner of buildings in a housing complex Article 30, paragraph (3) the exclusively-owned areas, common areas, or grounds or attached facilities of the building (including rights related to the grounds or attached facilities) the buildings or exclusively-owned areas, or land or attached facilities (including rights related to the land or attached facilities), or the land or attached facilities set forth in Article 68, paragraph (1), item (i) (including rights related to them) or the common areas of the buildings set forth in item (ii) of that paragraph that are specified for management pursuant to the bylaws under the provisions of Article 68 unit owner owner of buildings in a housing complex Article 30, paragraph (4), Article 31, paragraph (1), and the proviso to Article 33, paragraph (1) unit owner owner of buildings in a housing complex Article 33, paragraph (4) within the building within the housing complex Article 34, paragraphs (3) through (5) and Article 35, paragraph (1) unit owner owner of buildings in a housing complex Article 35, paragraph (2) exclusively-owned area building or exclusively-owned area Article 35, paragraph (3) unit owner owner of buildings in a housing complex exclusively-owned area building or exclusively-owned area Article 35, paragraph (4) within the building within the housing complex unit owner owner of buildings in a housing complex Article 36 unit owner owner of buildings in a housing complex Article 38 unit owner owner of buildings in a housing complex specified in Article 14 of the value of the shares in the land or attached facilities (including rights related to them) Article 38-2, paragraph (1) unit owner owner of buildings in a housing complex the relevant unit owner the relevant owner of buildings in a housing complex unknown or missing unit owner unknown or missing owner of buildings in a housing complex unit owners other than owners of buildings in a housing complex other than general unit owner general owner of buildings in a housing complex Article 38-2, paragraph (2) unknown or missing unit owner unknown or missing owner of buildings in a housing complex the building the building in the housing complex that is owned by owners of buildings in a housing complex who are co-owners of the land or attached facilities (including rights related to them; the same applies hereinafter in this paragraph) held by the persons who hold the right to use the grounds related to that building or the persons who hold a share of co-ownership in the attached facilities of that building (including rights related to them) held with respect to the land or attached facilities Article 38-2, paragraph (3) general unit owner general owner of buildings in a housing complex proviso to Article 38-2, paragraph (3) within the building within the housing complex Article 39 unit owner owner of buildings in a housing complex Article 40 exclusively-owned area building or exclusively-owned area Article 41 and Article 42, paragraphs (3) and (4) unit owner owner of buildings in a housing complex Article 44, paragraph (1) unit owner owner of buildings in a housing complex exclusively-owned area building or exclusively-owned area Article 44, paragraph (2) within the building within the housing complex Article 45, paragraphs (1) and (2) and Article 46, paragraph (1) unit owner owner of buildings in a housing complex Article 46, paragraph (2) possessor person who possesses a building or exclusively-owned area but who is not an owner of buildings in a housing complex the building, its grounds, or its attached facilities land or attached facilities or the things set forth in the items of Article 68, paragraph (1) unit owner owner of buildings in a housing complex Article 47, paragraph (1) Article 3 Article 65 unit owner owner of buildings in a housing complex Article 47, paragraphs (6), (8), and (9) and Article 48-2, paragraph (2) unit owner owner of buildings in a housing complex Article 52-2, paragraph (1) the building, its grounds, and its attached facilities property under housing complex management unit owner owner of buildings in a housing complex the unit ownership of that building, or that building and the land on which that building is located the buildings in that housing complex or their unit ownership, or the land or attached facilities in that housing complex Article 52-2, paragraph (2) unit ownership building or unit ownership Article 53, paragraph (1) unit owner owner of buildings in a housing complex specified in Article 14 of the value of the shares in the land or attached facilities (including rights related to them) Article 53, paragraph (3) and Article 54 unit owner owner of buildings in a housing complex Article 55, paragraph (1), item (i) the building (or, for an incorporated management association consisting of unit owners who should have common use of private common areas, those common areas) land or attached facilities (including rights related to them) Article 55, paragraph (1), item (ii) the exclusively-owned areas in the building having ceased to exist the land or attached facilities (including rights related to them) having ceased to be co-owned by the owners of buildings in a housing complex Article 55, paragraph (2) unit owner owner of buildings in a housing complex Article 56 specified in Article 14 of the value of the shares in the land or attached facilities (including rights related to them) unit owner owner of buildings in a housing complex

In order to establish the bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 66 forconcerning the following things, it is required, for the land or attached facilities set forth in item (i), that the consent of at leastmore than three-fourths of the co-owners who hold at least three-fourths of the shares has been obtained formore than a three-fourths share in all of the land or all of the attached facilities, respectively is required, and for the buildingsbuilding set forth in item (ii), that a resolution has been adoptedthe adoption of a resolution by at least a three-fourths majority of the unit owners present (excluding those who do not hold voting rights; the same applies hereinafter in this paragraph (excluding item (i))) and at least a three-fourths majority of thetheir voting rights, at a meeting under the provisions of Article 34 for each the whole building (limited to a resolution adopted at a meeting attended by a majority of those buildingsthe unit owners (or, if a higher proportion has been specified in the bylaws, that proportion or more) who hold a majority of the voting rights (or, if a higher proportion has been specified in the bylaws, that proportion or more)) is required:

If allsome or someall of two or morethe buildings located in a single housing complex (hereinafter referred to as the "buildings in a housing complex" in this Article and the following Article) are buildings with exclusively-owned areas, and the land (including rights related to it) on which a specific building in the housing complex (hereinafter referred to as a "specific building" in this Article) is located is co-owned by(including the owners of buildings in a housing complex as prescribed in Article 65 (hereinafter simply referred to asrights related to it) is co-owned by the "owners of buildings in a housing complex" in this Article) who own thosethe buildings in the housing complex, and if the requirements specified inthat the relevant of the following items specifies for the case set forth in that item are satisfied and a resolution for approval is adopted by, at least a three-fourths majority of the voting rights at a meeting of the association prescribed in thatprovided for in Article 65 that consists of has been organized by the owners of buildings in a housing complex who own thosethe buildings in the housing complex and are the co-owners of thatthe land (including the rights related to it), or or of the incorporated housing complex management association, owners of buildings in a housing complex who hold a majority of the voting rights (or, if a higher proportion has been specified in the bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 66, that proportion or more) are present and a resolution for approval has been adopted by at a meeting least a three-fourths majority of the incorporated voting rights of the owners of buildings in a housing complex management association (present (such a resolution is hereinafter referred to as a "resolution to approve reconstruction" in this Article), the owners of buildings in a housing complex who own the specific building may demolish the specific building and construct a new building on thatthe land or on land within the housing complex that is managed or used as a single unit with that land (limited to land co-owned by the owners of buildings in a housing complex who own thosethe buildings in the housing complex):

Notwithstanding the provisions of Article 38 as applied mutatis mutandis pursuant to Article 66, the voting rights of each owner of buildings in a housing complex at the meeting referred to in the preceding paragraph are to be in proportion to theirthe value of the share in the land on which the specific building is located (including rights related to that land), even if it is otherwise provided for in the bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 66.

IfNotwithstanding the meeting referred to inprovisions of Article 35, paragraph (1) , if a meeting under paragraph (1) is convened, notwithstanding the provisions ofnotice under Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 66, the notice under that paragraph must indicate an outline of the design of the building that is to be newly constructed (including the place in the housing complex where the building is to be located) in addition to the outline subject matter of the proposal prescribed in paragraph (5)meeting and the outline of that Articlethe proposal, and be sent by at least two months prior to the date of the meeting; provided, however, that this period may be extended by the bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 66.

In the case referred to in paragraph (1), if the reconstruction under a resolution to approve reconstruction will have a particularspecial influence on the reconstruction of a building other than the specific building (hereinafter referred to as "the other building" in this paragraph), the specific building may only be reconstructed only if the persons specified in the relevant of the following items for the case set forth in that item are in favor of the resolution to approve reconstruction:

if the other building is a building other than a building with exclusively-owned areas: the owner of the other building (excluding an owner who does not hold voting rights).

In the case referred to in the preceding paragraph, if the specific building is a buildingbuildings are buildings with exclusively-owned areas, a resolution to bring the reconstruction of those two or more specific buildings collectively to a resolution to approve reconstruction may be adopted at a meeting referred to in Article 62, paragraph (1) for which the reconstruction by at least a four-fifths majority (or, if the specific buildings fall under any of the specific building is the subject matter, by items of Article 62, paragraph (2), at least a four-fifthsthree-fourths majority) of the unit owners of the specific building buildings (excluding those who do not hold voting rights) and of the voting rights, at a meeting referred to in Article 62, paragraph (1) for which the reconstruction of the specific buildings is the subject matter. In such a case, if the resolution is adopted, the consent prescribed in the preceding paragraph is deemed to have been obtained from the owners of buildings in a housing complex who own the specific buildingbuildings (limited to unit owners).

For the purpose of applying the provisions of paragraph (1) in the case where the specific building subject to the reconstruction under a resolution to approve reconstruction (or, in the case referred to in paragraph (6), all of the specific buildings subject to the reconstruction under the resolution to approve reconstruction) falls under any of the items of Article 62, paragraph (2), the term "three-fourths" in paragraph (1) is deemed to be replaced with "two-thirds".

Notwithstanding the provisions of Article 62, paragraph (1), if all of the buildings in a housing complex are buildings with exclusively-owned areas, and the grounds of those the relevant buildings in the housing complex (meaning the land on which the buildings in a housing complex are located and the land that has been established as part of the grounds of the buildings in a housing complex pursuant to the provisions of Article 5, paragraph (1), and including the rights related to that land; hereinafter the same applies in this paragraph and paragraph (1) of the following paragraphArticle) are co-owned by the unit owners of thosethe buildings in the housing complex, and the bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 66 have been established for thosethe buildings in the housing complex pursuant to the provisions of Article 68, paragraph (1) (excluding item (i)), a resolution regarding the buildings in a housing complex may be adopted to demolish all of thosethe buildings in the housing complex collectively and construct new buildings on thetheir grounds of those buildings in(exclusive of the housing complex (excluding rights related to themthose grounds; hereinafter the same applies in this paragraph), on part of that land, or on land that includes all or part of the grounds of thosethe buildings in the housing complex (such land is referred to as the "grounds of the reconstructed housing complex" in paragraph (34), item (i)) (hereinafter the resolution is referred to as athe "resolution to reconstruct all buildings" in this Article) may be adopted, by at least a four-fifths majority of the unit owners of those the relevant buildings in the housing complex and of the (excluding those who do not hold voting rights; hereinafter the same applies in this paragraph) and by at least a four-fifths majority of the votes, at a meeting of the association prescribed in Article 65 that consists of the unit owners of thosethe buildings in the housing complex who are the co-owners of the grounds of thosethe buildings in the housing complex, or at a meeting of thean incorporated housing complex management association; provided, however, that this applies only does not apply if, at that meeting, for each with regard to any one or more of thosethe buildings in the housing complex, at least two-thirdsmore than one-third of its unit owners or persons who hold voting rights constituting at least two-thirdsexceeding one-third of the total voting rights prescribed in Article 38 have voted in favor ofopposed the resolution to reconstruct all buildings.

The provisions of paragraph (2) ofFor the preceding Article apply mutatis mutandis topurpose of applying the voting rightsprovisions of each unit owner referred to in the main clause of the preceding paragraph. In such a in the case, the phrase "the land on which the specific building is located (including rights related to that land)" in where all of the buildings in a housing complex fall under any of the items of Article 62, paragraph (2) of, the preceding Article term "four-fifths" in that paragraph is deemed to be replaced with "the grounds of the buildings in the housing complexthree-fourths".

The following matters must be established by a resolution provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the voting rights of each unit owner referred to in the main clause of paragraph (1). In such a case, the phrase "the land where the specific building is located (including the rights related to reconstruct all that land)" in paragraph (2) of that Article is deemed to be replaced with "the grounds of the buildings in the housing complex (meaning the land on which the buildings in a housing complex: are located and the land that has been established as part of the grounds of the buildings in a housing complex pursuant to the provisions of Article 5, paragraph (1), and including the rights related to that land)".

an outline of the plan for the integrated use of the grounds of the reconstructed housing complex;

an outline of the designs of the buildings that are to be newly constructed (hereinafter referred to as the "reconstructed buildings in the housing complex" in this paragraph);

the estimated amount of expenses necessary for the demolition of all of the buildings in the housing complex and for the construction of the reconstructed buildings in the housing complex;

matters concerning the sharing of expenses provided for in the preceding item; and

matters concerning the attribution of unit ownership in the reconstructed buildings in the housing complex.

The provisions of Article 62, paragraphs (3) through (8), Article 63, and Article 64 apply mutatis mutandis tofollowing matters must be established by a resolution to reconstruct all buildings in a housing complex. In such a case, the phrase "item (iii) and item (iv) of the preceding paragraph" in Article 62, paragraph (3) is deemed to be replaced with "Article 70, paragraph (3), item (iv) and item (v)"; the phrase "provided for in paragraph (1)" in paragraph (4) of that Article is deemed to be replaced with "provided for in Article 70, paragraph (1)"; the phrase "Article 35, paragraph (1)" in that paragraph is deemed to be replaced with "Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 66"; the term "bylaws" in that paragraph is deemed to be replaced with "bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 66"; the phrase "Article 35, paragraph (1)" in paragraph (5) of that Article is deemed to be replaced with "Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 66"; the phrase "Article 35, paragraphs (1) through (4) and Article 36" in paragraph (7) of that Article is deemed to be replaced with "Article 35, paragraphs (1) through (4) and Article 36 as applied mutatis mutandis pursuant to Article 66"; the phrase "the proviso to Article 35, paragraph (1)" in that paragraph is deemed to be replaced with "the proviso to Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 66"; and the phrase "paragraph (6) of the preceding Article" in paragraph (8) of that Article is deemed to be replaced with "Article 61, paragraph (6)".:

an outline of the plan for the integrated use of the grounds of the reconstructed housing complex;

an outline of the designs of the buildings that are to be newly constructed (hereinafter referred to as the "reconstructed buildings in the housing complex" in this paragraph);

the estimated amount of expenses necessary for the demolition of all of the buildings in the housing complex and for constructing the reconstructed buildings in the housing complex;

matters concerning the sharing of expenses provided for in the preceding item; and

matters concerning the attribution of unit ownership in the reconstructed buildings in the housing complex.

The provisions of Article 62, paragraphs (5) through (10), and Articles 63 through 64-4 apply mutatis mutandis to a resolution to reconstruct all buildings in a housing complex. In such a case, the phrase "item (iii) and item (iv) of the preceding paragraph" in Article 62, paragraph (5) is deemed to be replaced with "Article 70, paragraph (4), item (iv) and item (v)"; the phrase "Article 35, paragraph (1)" in paragraphs (6) and (7) of that Article is deemed to be replaced with "Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 66"; the term "bylaws" in the proviso to paragraph (6) of that Article is deemed to be replaced with "the bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 66"; and the phrase "Article 35 and Article 36" in paragraph (9) of that Article is deemed to be replaced with "Article 35 and Article 36 as applied mutatis mutandis pursuant to Article 66".

In the case prescribed in the main clause of paragraph (1) of the preceding Article, notwithstanding the provisions of Article 64-6, a resolution to the effect that all of the buildings in the housing complex and their grounds are to be sold collectively (hereinafter referred to as a "resolution to sell buildings in a housing complex and their grounds" in this Article) may be adopted at a meeting of the association prescribed in Article 65 that consists of the unit owners of the buildings in the housing complex who are the co-owners of the grounds of the buildings in the housing complex, or at a meeting of an incorporated housing complex management association, by at least a four-fifths majority of the unit owners of the buildings in the housing complex (excluding those who do not hold voting rights; hereinafter the same applies in this paragraph) and at least a four-fifths majority of the voting rights; provided, however, that this does not apply if, at that meeting, with regard to any one or more of the buildings in the housing complex, more than one-third of its unit owners or persons who hold voting rights exceeding one-third of the total voting rights prescribed in Article 38 opposed the resolution to sell buildings in a housing complex and their grounds.

For the purpose of applying the provisions of the main clause of the preceding paragraph in the case where all of the buildings in a housing complex fall under any of the items of Article 62, paragraph (2), the term "four-fifths" in that paragraph is deemed to be replaced with "three-fourths".

The provisions of Article 69, paragraph (2) apply mutatis mutandis to the voting rights of each unit owner referred to in the main clause of paragraph (1). In such a case, the phrase "the land on which the specific building is located (including rights related to that land)" in paragraph (2) of that Article is deemed to be replaced with "the grounds of the buildings in the housing complex (meaning the land on which the buildings in the housing complex are located and the land that has been established as the grounds of the buildings in the housing complex pursuant to the provisions of Article 5, paragraph (1), including rights related to them)".

A resolution to sell buildings in a housing complex and their grounds must establish the following matters:

the name of the person who is to be the counterparty to the sale;

the expected amount of the price from the sale; and

matters concerning the method of calculating the amount of money that each owner of a building in the housing complex may acquire through the sale.

The provisions of Article 62, paragraphs (5) through (10), and Articles 63 through 64-4 apply mutatis mutandis to a resolution to sell buildings in a housing complex and their grounds. In such a case, the phrase "item (iii) and item (iv) of the preceding paragraph" in Article 62, paragraph (5) is deemed to be replaced with "Article 71, paragraph (4), item (iii)"; the phrase "Article 35, paragraph (1)" in paragraphs (6) and (7) of that Article is deemed to be replaced with "Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 66"; the term "bylaws" in the proviso to paragraph (6) of that Article is deemed to be replaced with "the bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 66"; the phrase "reconstruction of the building" in paragraph (7), items (i) and (ii) of that Article is deemed to be replaced with "sale of the building and its grounds (including rights related to them)"; the phrase "Article 35 and Article 36" in paragraph (9) of that Article is deemed to be replaced with "Article 35 and Article 36 as applied mutatis mutandis pursuant to Article 66"; the phrase "in the reconstruction" in Article 63, paragraphs (1), (2), and (4) through (6), Article 64, and Article 64-2, paragraph (1) is deemed to be replaced with "in the sale"; the phrase "demolition work on the building has not commenced" in Article 63, paragraph (7) is deemed to be replaced with "there has been no transfer of rights to the building and its grounds (including rights related to them) under a sales contract (hereinafter referred to as a 'transfer of rights to the building, etc.' in this paragraph and the following paragraph)"; the phrase "not commencing the demolition work on the building" in the proviso to that paragraph is deemed to be replaced with "there having been no transfer of rights to the building, etc."; the phrase "the commencement of demolition work on the building" in paragraph (8) of that Article is deemed to be replaced with "the transfer of rights to the building, etc.", and the phrase "demolition work on the building has not commenced" in that paragraph is deemed to be replaced with "there has been no transfer of rights to the building, etc."; and the phrase "implement the reconstruction" in Article 64 is deemed to be replaced with "implement the sale".

Chapter III Penal ProvisionsMeasures in the Case Where a Building Has Been Destroyed

Section 1 Measures in the Case Where a Building with Exclusively-Owned Areas Has Been Destroyed

If a building with exclusively-owned areas has been destroyed, and the right to use the grounds pertaining to that building with exclusively-owned areas was ownership or any other right held by multiple persons, or multiple persons held shares of co-ownership in the attached facilities of the building with exclusively-owned areas (including rights related to them), the persons who hold those rights (hereinafter referred to as the "co-ownership interest in the grounds, etc.") (hereinafter referred to as "co-owners of the grounds, etc.") may hold meetings, establish bylaws, and assign a manager pursuant to the provisions of this Act, until the day on which five years have elapsed, counting from the day of the destruction.

If a person who convenes a meeting held by co-owners of the grounds, etc. (hereinafter referred to as a "meeting of co-owners of the grounds, etc.") cannot ascertain the whereabouts of a co-owner of the grounds, etc. (excluding one who has notified the place where they are to receive notices pursuant to the provisions of Article 35, paragraph (3) as applied mutatis mutandis pursuant to the preceding Article), the notice under Article 35, paragraph (1) as applied mutatis mutandis pursuant to the preceding Article may be given by posting it somewhere conspicuous within the grounds of the building pertaining to the destroyed building with exclusively-owned areas.

In the case referred to in the preceding paragraph, the notice is deemed to have arrived at the time when it was posted pursuant to the provisions of that paragraph; provided, however, that if the person who convenes the meeting of co-owners of the grounds, etc. was negligent in not knowing the whereabouts of that co-owner of the grounds, etc., the notice does not have the effect of arrival.

If a building with exclusively-owned areas has been destroyed, and the right to use the grounds pertaining to that building with exclusively-owned areas was ownership or any other right held by multiple persons, a resolution to construct a building on the grounds of the building pertaining to that building with exclusively-owned areas or on part of that land, or on land that includes all or part of the grounds of that building (hereinafter referred to as a "resolution to rebuild") may be adopted at a meeting of co-owners of the grounds, etc. by at least a four-fifths majority of the voting rights of the co-owners of the grounds, etc.

A resolution to rebuild must establish the following matters:

an outline of the design of the building that is to be newly constructed (hereinafter referred to as the "reconstructed building" in this paragraph);

the estimated amount of expenses necessary for the construction of the reconstructed building;

matters concerning the sharing of expenses prescribed in the preceding item; and

matters concerning the attribution of the unit ownership of the reconstructed building.

The matters referred to in item (iii) and item (iv) of the preceding paragraph must be established in a manner that does not undermine the equity of each co-owner of the grounds, etc.

Notwithstanding the provisions of Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 73, if a meeting of co-owners of the grounds, etc. whose subject matter is a resolution to rebuild is convened, the notice under that paragraph must be sent at least two months prior to the date of that meeting of co-owners of the grounds, etc.; provided, however, that this period may be extended by the bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 73.

In the case prescribed in the preceding paragraph, when a person gives the notice referred to in Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 73, they must also give notice of the reasons that necessitate the rebuilding, in addition to the subject matter of the meeting and the outline of the proposal.

The person who has convened the meeting of co-owners of the grounds, etc. referred to in paragraph (4) must hold an explanatory meeting to explain to the co-owners of the grounds, etc. the matters to be notified at the time of the convocation, at least one month prior to the date of the meeting.

The provisions of Article 35, paragraphs (1) through (3) and Article 36 as applied mutatis mutandis pursuant to Article 73, and the provisions of the preceding Article apply mutatis mutandis to the holding of an explanatory meeting referred to in the preceding paragraph.

In the minutes of a meeting of co-owners of the grounds, etc. at which a resolution to rebuild was adopted, whether each co-owner of the grounds, etc. was in favor of or against the resolution must also be entered or recorded.

The provisions of Article 63 (excluding the second sentence of paragraph (5) and paragraph (6)) and Article 64 apply mutatis mutandis to a resolution to rebuild. In such a case, the term "meeting" in Article 63, paragraph (1) is deemed to be replaced with "meeting of co-owners of the grounds, etc. (meaning the meeting of co-owners of the grounds, etc. prescribed in Article 74, paragraph (1); the same applies in the following paragraph)", and the term "unit owners" in that paragraph is deemed to be replaced with "co-owners of the grounds, etc. (meaning the co-owners of the grounds, etc. prescribed in Article 72; the same applies hereinafter)"; the phrase "in the reconstruction" in that paragraph, paragraphs (2) and (4) of that Article, the first sentence of paragraph (5) of that Article, and Article 64 is deemed to be replaced with "in the rebuilding"; the term "meeting" in Article 63, paragraph (2) is deemed to be replaced with "meeting of co-owners of the grounds, etc."; the term "unit owner" in paragraphs (2) through (4) of that Article, the first sentence of paragraph (5) of that Article, and Article 64 is deemed to be replaced with "co-owner of the grounds, etc."; the phrase "purchase the unit ownership or the rights to use the grounds" in the first sentence of that paragraph is deemed to be replaced with "purchase the co-ownership interest in the grounds, etc. (meaning the co-ownership interest in the grounds, etc. prescribed in Article 72; the same applies hereinafter)", and the phrase "their unit ownership and the rights to use the grounds at their market value" in that sentence is deemed to be replaced with "their co-ownership interest in the grounds, etc. at its market value"; the phrase "demolition work on the building" in Article 63, paragraphs (7) and (8) is deemed to be replaced with "work for the rebuilding of the building"; the phrase "unit ownership or rights to use the grounds" in paragraph (7) of that Article and Article 64 is deemed to be replaced with "co-ownership interest in the grounds, etc."; and the phrase "implement the reconstruction" in Article 64 is deemed to be replaced with "implement the rebuilding".

If a building with exclusively-owned areas has been destroyed, and the right to use the grounds pertaining to that building with exclusively-owned areas was ownership or any other right held by multiple persons, a resolution to the effect that the land related to the co-ownership interest in the grounds, etc. (including rights related to it) is to be sold (hereinafter referred to as a "resolution to sell the grounds" in this Article and paragraph (1) of the following Article) may be adopted at a meeting of co-owners of the grounds, etc. by at least a four-fifths majority of the voting rights of the co-owners of the grounds, etc.

A resolution to sell the grounds must establish the following matters:

the name of the person who is to be the counterparty to the sale; and

the expected amount of the price from the sale.

The provisions of Article 63 (excluding the second sentence of paragraph (5) and paragraph (6)), Article 64, and paragraphs (4) through (8) of the preceding Article apply mutatis mutandis to a resolution to sell the grounds. In such a case, the term "meeting" in Article 63, paragraph (1) is deemed to be replaced with "meeting of co-owners of the grounds, etc. (meaning the meeting of co-owners of the grounds, etc. prescribed in Article 74, paragraph (1); the same applies in the following paragraph)", and the term "unit owners" in that paragraph is deemed to be replaced with "co-owners of the grounds, etc. (meaning the co-owners of the grounds, etc. prescribed in Article 72; the same applies in this Article and the one after it)"; the phrase "in the reconstruction" in that paragraph, paragraphs (2) and (4) of that Article, the first sentence of paragraph (5) of that Article, and Article 64 is deemed to be replaced with "in the sale"; the term "meeting" in Article 63, paragraph (2) is deemed to be replaced with "meeting of co-owners of the grounds, etc."; the term "unit owner" in paragraphs (2) through (4) of that Article, the first sentence of paragraph (5) of that Article, and Article 64 is deemed to be replaced with "co-owner of the grounds, etc."; the phrase "purchase the unit ownership or the rights to use the grounds" in the first sentence of that paragraph is deemed to be replaced with "purchase the co-ownership interest in the grounds, etc. (meaning the co-ownership interest in the grounds, etc. prescribed in Article 72; the same applies in this Article and the one after it)", and the phrase "their unit ownership and the rights to use the grounds at their market value" in that sentence is deemed to be replaced with "their co-ownership interest in the grounds, etc. at its market value"; the phrase "demolition work on the building has not commenced" in Article 63, paragraph (7) is deemed to be replaced with "there has been no transfer of rights to the land related to the co-ownership interest in the grounds, etc. (including rights related to it) under a sales contract (hereinafter referred to as a 'transfer of rights to the land, etc.' in this paragraph and the following paragraph)"; the phrase "unit ownership or rights to use the grounds" in that paragraph and Article 64 is deemed to be replaced with "co-ownership interest in the grounds, etc."; the phrase "not commencing the demolition work on the building" in the proviso to that paragraph is deemed to be replaced with "there having been no transfer of rights to the land, etc."; the phrase "the commencement of demolition work on the building" in Article 63, paragraph (8) is deemed to be replaced with "the transfer of rights to the land, etc.", and the phrase "demolition work on the building has not commenced" in that paragraph is deemed to be replaced with "there has been no transfer of rights to the land, etc."; the phrase "implement the reconstruction" in Article 64 is deemed to be replaced with "implement the sale"; and the term "rebuilding" in paragraph (5) of the preceding Article is deemed to be replaced with "sale".

Notwithstanding the provisions of the main clause of Article 256, paragraph (1) of the Civil Code (including as applied mutatis mutandis pursuant to Article 264 of that Code), the co-owners of the grounds, etc. pertaining to a destroyed building with exclusively-owned areas (excluding one that was demolished based on a resolution to demolish or the consent of all the unit owners) may not request partition of the land related to the co-ownership interest in the grounds, etc. or rights related to it during the period from the day following the day on which one month has elapsed, counting from the day of the destruction, until the day on which five years have elapsed, counting from the day of the destruction; provided, however, that this does not apply if co-owners of the grounds, etc. who hold more than one-fifth of the voting rights request partition, or if there are any other obvious grounds for finding that a resolution to rebuild, a resolution to sell the grounds, a resolution under Article 84, paragraph (1), or a resolution under Article 85, paragraph (1) cannot be adopted.

If a building with exclusively-owned areas has been demolished based on a resolution to demolish or the consent of all the unit owners, the co-owners of the grounds, etc. pertaining to that building with exclusively-owned areas may not, notwithstanding the provisions of the main clause of Article 256, paragraph (1) of the Civil Code (including as applied mutatis mutandis pursuant to Article 264 of that Code), request partition of the land related to the co-ownership interest in the grounds, etc. or rights related to it until the day on which five years have elapsed, counting from the day of the destruction resulting from the demolition. In such a case, the provisions of the proviso to the preceding paragraph apply mutatis mutandis.

Section 2 Measures in the Case Where a Building Located in a Housing Complex Has Been Destroyed

If all or some of the buildings in a housing complex are buildings with exclusively-owned areas, and the land or attached facilities located in the housing complex (including rights related to them) are co-owned by the owners of those buildings in the housing complex (or the unit owners, for buildings with exclusively-owned areas), and all or some of the buildings located in the housing complex have been destroyed, the owners of buildings in a housing complex of those buildings in the housing complex, the co-owners of the grounds, etc., and the persons who hold rights related to the grounds of a building or attached facilities that were held for owning a building, other than a building with exclusively-owned areas, that has been destroyed (hereinafter referred to as the "owners of buildings in a housing complex, etc.") may hold meetings, establish bylaws, and assign a manager pursuant to the provisions of this Act, until the day on which five years have elapsed, counting from the day of the destruction.