Act on Building Unit Ownership

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".