Act on Building Unit Ownership

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".