Act on Building Unit Ownership

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)".

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".