Act on Building Unit Ownership

In the case prescribed in the main clause of Article 70, paragraph (1), if all or some of the buildings located in the housing complex have been destroyed, notwithstanding the provisions of Article 62, paragraph (1) and Article 75, paragraph (1), a resolution to demolish all of the buildings in the housing complex collectively and newly construct buildings on the grounds of buildings in a housing complex, etc. (meaning the land on which the buildings in a housing complex are or were located and the land that has been established as the grounds of the buildings in a housing complex pursuant to the provisions of Article 5, paragraph (1), or that had been so established at the time the buildings in the housing complex were destroyed; hereinafter the same applies in this paragraph and the following paragraph) or on part of that land, or on land that includes all or part of the grounds of buildings in a housing complex, etc. (such land is referred to as the "grounds of the reconstructed housing complex" in paragraph (3), item (i)) (hereinafter referred to as a "resolution to reconstruct all buildings, etc." in this Article) may be adopted at a meeting of owners of buildings in a housing complex, etc. consisting of the owners of buildings in a housing complex, etc. of the relevant buildings in the housing complex who are co-owners of the grounds of buildings in a housing complex, etc. or of rights related to them, by at least a four-fifths majority of the owners of buildings in a housing complex, etc. of the relevant buildings in the housing complex (excluding those who do not hold voting rights) and at least a four-fifths majority of the voting rights; provided, however, that this does not apply if, at that meeting of owners of buildings in a housing complex, etc., with regard to any one or more of the buildings in the housing complex, the persons specified in the following items for the categories of cases set forth in those items opposed the resolution to reconstruct all buildings, etc.

if the building is a destroyed building: persons who hold more than one-third of the voting rights prescribed in Article 38 as applied mutatis mutandis pursuant to Article 73; or

in a case other than the case set forth in the preceding item: more than one-third of the unit owners (excluding those who do not hold voting rights) or persons who hold more than one-third of the total voting rights prescribed in Article 38.

Notwithstanding the provisions of Article 38 as applied mutatis mutandis pursuant to Article 79, the voting rights of each owner of buildings in a housing complex, etc. under the main clause of the preceding paragraph at the meeting of owners of buildings in a housing complex, etc. referred to in that paragraph are to be in proportion to the value of the share in the grounds of buildings in a housing complex, etc. (including rights related to them), even if it is otherwise provided for in the bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 79.

A resolution to reconstruct all buildings, etc. must establish the following matters:

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 prescribed 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, etc. In such a case, the term "unit owner" in those provisions (excluding Article 62, paragraph (5)) is deemed to be replaced with "owner of buildings in a housing complex, etc."; the phrase "item (iii) and item (iv) of the preceding paragraph" in Article 62, paragraph (5) is deemed to be replaced with "Article 84, paragraph (3), item (iv) and item (v)", and the term "unit owner" in that paragraph with "owner of buildings in a housing complex, etc. (meaning an owner of buildings in a housing complex, etc. as prescribed in Article 78; the same applies hereinafter)"; the phrase "a meeting" in paragraph (6) of that Article is deemed to be replaced with "a meeting of owners of buildings in a housing complex, etc. (meaning a meeting of owners of buildings in a housing complex, etc. as prescribed in Article 80, paragraph (1); hereinafter the same applies in this Article and the following Article)"; the phrase "Article 35, paragraph (1)" in that paragraph and paragraph (7) of that Article is deemed to be replaced with "Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 79"; the phrase "the date of that meeting" in paragraph (6) of that Article is deemed to be replaced with "the date of that meeting of owners of buildings in a housing complex, etc."; the term "reconstruction" in paragraph (7), item (i) of that Article is deemed to be replaced with "reconstruction or rebuilding"; the term "meeting" in paragraphs (8) and (10) of that Article and Article 63, paragraphs (1) and (2) is deemed to be replaced with "meeting of owners of buildings in a housing complex, etc."; the phrase "Articles 35 and 36" in Article 62, paragraph (9) is deemed to be replaced with "Article 35, paragraphs (1) through (3) and Article 36 as applied mutatis mutandis pursuant to Article 79, and Article 80"; the phrase "in the reconstruction" in Article 63, paragraphs (1), (2), (4), and (6) and Article 64 is deemed to be replaced with "in the reconstruction or rebuilding"; in Article 63, paragraph (5), the phrase "participate in the reconstruction" is deemed to be replaced with "participate in the reconstruction or rebuilding", the phrase "purchase the unit ownership or the rights to use the grounds" with "purchase the unit ownership or the rights to use the grounds (or, for a destroyed building, the co-ownership interest in the grounds, etc. (meaning the co-ownership interest in the grounds, etc. as prescribed in Article 72; hereinafter the same applies in this Article and the following Article))", the phrase "that paragraph" with "paragraph (3)", the phrase "not participate in the reconstruction" with "not participate in the reconstruction or rebuilding", and the phrase "the rights to use the grounds at their market value" with "the rights to use the grounds (or, for a destroyed building, the co-ownership interest in the grounds, etc.) at their market value"; the phrase "demolition work on the building" in paragraphs (7) and (8) of that Article is deemed to be replaced with "demolition or rebuilding work on the building"; the phrase "rights to use the grounds" in paragraph (7) of that Article and Article 64 is deemed to be replaced with "rights to use the grounds (or, for a destroyed building, the co-ownership interest in the grounds, etc.)"; the phrase "implement the reconstruction" in Article 64 is deemed to be replaced with "implement the reconstruction or rebuilding"; and the phrase "participate in the reconstruction" in Article 64-2, paragraph (1) is deemed to be replaced with "participate in the reconstruction or rebuilding".

In the case prescribed in the main clause of Article 70, paragraph (1), if all of the buildings located in a housing complex have been destroyed, notwithstanding the provisions of Article 76, paragraph (1), a resolution to the effect that all of the grounds of buildings in a housing complex, etc. (meaning the land on which the buildings in a housing complex were located and the land that had been established as part of the grounds of the buildings in a housing complex pursuant to the provisions of Article 5, paragraph (1) at the time the buildings in a housing complex were destroyed; hereinafter the same applies in this paragraph and the following paragraph) or the rights related to them are to be sold collectively (hereinafter referred to as a "resolution to sell the grounds of all buildings" in this Article) may be adopted by at least a four-fifths majority of the owners of buildings in a housing complex, etc. of the relevant buildings in a housing complex (excluding those who do not hold voting rights) and at least a four-fifths majority of the voting rights, at a meeting of owners of buildings in a housing complex, etc. that consists of the owners of buildings in a housing complex, etc. of those buildings in a housing complex who are co-owners of the grounds of buildings in a housing complex, etc. or the rights related to them; provided, however, that this does not apply if, at that meeting of owners of buildings in a housing complex, etc., for any one or more of those buildings in a housing complex, persons who hold more than one-third of the voting rights prescribed in Article 38 as applied mutatis mutandis pursuant to Article 73 have opposed the resolution to sell the grounds of all buildings.

Notwithstanding the provisions of Article 38 as applied mutatis mutandis pursuant to Article 79, the voting rights of each owner of buildings in a housing complex, etc. under the main clause of the preceding paragraph at the meeting of owners of buildings in a housing complex, etc. referred to in that paragraph are to be in proportion to the value of the share in the grounds of buildings in a housing complex, etc. (including rights related to them), even if it is otherwise provided for in the bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 79.

A resolution to sell the grounds of all buildings 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 62, paragraph (6), paragraph (7) (limited to the part other than the items), and paragraphs (8) through (10), Article 63 (excluding the second sentence of paragraph (5), and paragraph (6)), and Article 64 apply mutatis mutandis to a resolution to sell the grounds of all buildings. In such a case, the term "unit owner" in those provisions (excluding Article 62, paragraph (8)) is deemed to be replaced with "owner of buildings in a housing complex, etc."; the phrase "a meeting" in Article 62, paragraph (6) is deemed to be replaced with "a meeting of owners of buildings in a housing complex, etc. (meaning a meeting of owners of buildings in a housing complex, etc. as prescribed in Article 80, paragraph (1); hereinafter the same applies in this Article and the following Article)"; the phrase "Article 35, paragraph (1)" in that paragraph and paragraph (7) of that Article is deemed to be replaced with "Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 79"; the phrase "the date of that meeting" in paragraph (6) of that Article is deemed to be replaced with "the date of that meeting of owners of buildings in a housing complex, etc."; the phrase "the following matters" in paragraph (7) of that Article is deemed to be replaced with "the reasons that necessitate the sale"; the term "meeting" in paragraphs (8) and (10) of that Article and Article 63, paragraphs (1) and (2) is deemed to be replaced with "meeting of owners of buildings in a housing complex, etc."; the term "unit owner" in Article 62, paragraph (8) is deemed to be replaced with "owner of buildings in a housing complex, etc. (meaning an owner of buildings in a housing complex, etc. as prescribed in Article 78; the same applies in the following Article and Article 64)"; the phrase "Articles 35 and 36" in paragraph (9) of that Article is deemed to be replaced with "Article 35, paragraphs (1) through (3) and Article 36 as applied mutatis mutandis pursuant to Article 79, and Article 80"; the phrase "in the reconstruction" in Article 63, paragraphs (1), (2), and (4), the first sentence of paragraph (5) of that Article, and Article 64 is deemed to be replaced with "in the sale"; in the first sentence of that paragraph, the phrase "purchase the unit ownership and the rights to use the grounds" is deemed to be replaced with "purchase the co-ownership interest in the grounds, etc. (meaning the co-ownership interest in the grounds, etc. as prescribed in Article 72; the same applies hereinafter)", and the phrase "the unit ownership and the rights to use the grounds at their market value" with "the 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 that land) 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."; in Article 63, paragraph (8), the phrase "the commencement of the demolition work" 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" with "there is no transfer of rights to the land, etc."; and the phrase "implement the reconstruction" in Article 64 is deemed to be replaced with "implement the sale".