Section 10 Restoration and Reconstruction, etc.
第十節 復旧及び建替え等
Article 61Restoration If Part of a Building Is Destroyed
第六十一条(建物の一部が滅失した場合の復旧等)
If part of a building equivalent to up to half of the building's value has been destroyed, each unit owner may restore the common areas and their own exclusively-owned area that have been destroyed; provided, however, that this does not apply to the common areas if the resolution referred to in paragraph (3), paragraph (1) of the following Article, 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 been adopted before the commencement of restoration work.
建物の価格の二分の一以下に相当する部分が滅失したときは、各区分所有者は、滅失した共用部分及び自己の専有部分を復旧することができる。ただし、共用部分については、復旧の工事に着手するまでに第三項、次条第一項、第六十四条の五第一項、第六十四条の六第一項、第六十四条の七第一項、第六十四条の八第一項、第七十条第一項、第七十一条第一項又は第八十四条第一項の決議があつたときは、この限りでない。
A unit owner who has restored a common area pursuant to the provisions of the preceding paragraph may request the other unit owners to reimburse them for the amount required for the restoration in accordance with the proportion specified in Article 14.
In the case prescribed in the main clause of paragraph (1), a resolution to restore the destroyed common areas may be brought before a meeting.
The provisions of the preceding three paragraphs do not preclude any provisions to the contrary in the bylaws.
前三項の規定は、規約で別段の定めをすることを妨げない。
Except in the cases prescribed in the main clause of paragraph (1), if 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 two-thirds majority each of the unit owners present and of their voting rights.
In the minutes of a meeting at which a resolution under the preceding paragraph was adopted, whether each unit owner's vote was in favor of or against the resolution must be entered or recorded.
Other than in the cases referred to in the following paragraph, if a resolution under paragraph (5) has been adopted, once two weeks have elapsed from the day of the resolution, unit owners other than those who were in favor of the resolution (including the successors of those who were in favor of the resolution; hereinafter referred to as "those in favor of the resolution" in this Article) may request that some or all of those in favor of the resolution purchase the building and the rights to the building's grounds at their market value. In such a case, within two months from the day of the request, those in favor of the resolution who have been so requested may request that some or all of the others who were in favor of the resolution purchase the building and the rights to its grounds at their market value in accordance with the proportion specified in Article 14, calculated by excluding the unit owners other than those in favor of the resolution.
If a person who is capable of purchasing the building and the rights to its grounds has been designated by those in favor of the resolution by unanimous consent, and the designated person (hereinafter referred to as the "designated purchaser" in this Article) has notified the unit owners other than those in favor of the resolution to that effect in writing within two weeks from the day of the resolution under paragraph (5), the unit owners who have been so notified may only make the request prescribed in the first sentence of the preceding paragraph against the designated purchaser.
Pursuant to the provisions of Ministry of Justice Order and with the consent of the unit owners who are to be notified under the preceding paragraph, a designated purchaser may use electronic or magnetic means to notify the unit owners that a designated purchaser has been designated, in lieu of the written notice under the preceding paragraph. In such a case, the designated purchaser is deemed to have given the written notice.
If a designated purchaser does not perform all or part of the obligations connected with the purchase money for the transaction based on a request prescribed in the first sentence of paragraph (7), those in favor of the resolution (excluding those who have become designated purchasers; hereinafter the same applies in this paragraph and paragraph (15)) will be jointly and severally liable to perform those obligations in whole or in part; provided, however, that this does not apply if those in favor of the resolution have proved that the designated purchaser has sufficient financial resources, and that the execution can be easily performed.
A person who has convened a meeting referred to in paragraph (5) (if the designated purchaser has already been designated, the designated purchaser; the same applies in the following paragraph) may specify a period of four months or more and demand in writing that unit owners other than those in favor of the resolution give a definite answer within that period as to whether they will make the request prescribed in the first sentence of paragraph (7).
Pursuant to the provisions of Ministry of Justice Order and with the consent of the unit owners provided for in the preceding paragraph, in lieu of a demand in writing under the preceding paragraph, a person who has convened a meeting referred to in paragraph (5) may use electronic or magnetic means to make a demand that the unit owners other than those in favor of the resolution give a definite answer as to whether or not they will make the request prescribed in the first sentence of paragraph (7). In such a case, the person who convened the meeting referred to in paragraph (5) is deemed to have made the demand in writing.
A unit owner who has received a demand prescribed in paragraph (11) may not make the request prescribed in the first sentence of paragraph (7) after the period specified pursuant to the provisions of the paragraph (11) has elapsed.
In the case prescribed in paragraph (5), if a resolution under that paragraph, paragraph (1) of the following Article, 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 after the day of the partial destruction of the building, each unit owner may request that other unit owners purchase the building and the rights to its grounds at their market value.
第五項に規定する場合において、建物の一部が滅失した日から六月以内に同項、次条第一項、第六十四条の五第一項、第六十四条の六第一項、第六十四条の七第一項、第六十四条の八第一項、第七十条第一項、第七十一条第一項又は第八十四条第一項の決議がないときは、各区分所有者は、他の区分所有者に対し、建物及びその敷地に関する権利を時価で買い取るべきことを請求することができる。
In the cases referred to in paragraph (2), paragraph (7), paragraph (8), and the preceding paragraph, the court may grant a reasonable period for the payment of the redemption money or the purchase money at the request of a unit owner who has been requested to make the redemption or the purchase, a designated purchaser who has been requested to make the purchase, or those in favor of the resolution who has been requested to perform the obligations under the provisions of the main clause of paragraph (10).
Article 62Resolutions to Reconstruct
第六十二条(建替え決議)
A resolution to demolish a building and construct a new building on the grounds of the building being demolished or on part of its land, or on land that includes all or part of the grounds of the 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 (excluding those who do not hold voting rights) and at least a four-fifths majority of the votes.
For the purpose of applying the provisions of the preceding paragraph in the case where the building falls under any of the following items, the term "four-fifths" in that paragraph is deemed to be replaced with "three-fourths":
if the building does not conform to the standards specified by the Minister of Justice as being equivalent to the provisions of the Building Standards Act (Act No. 201 of 1950), or of orders or ordinances based on it, concerning safety against earthquakes;
地震に対する安全性に係る建築基準法(昭和二十五年法律第二百一号)又はこれに基づく命令若しくは条例の規定に準ずるものとして法務大臣が定める基準に適合していないとき。
if the building does not conform to the standards specified by the Minister of Justice as being equivalent to the provisions of the Building Standards Act, or of orders or ordinances based on it, concerning safety against fire;
火災に対する安全性に係る建築基準法又はこれに基づく命令若しくは条例の規定に準ずるものとして法務大臣が定める基準に適合していないとき。
if the building falls under the standards specified by the Minister of Justice as those under which there is a risk of harm being caused to the surroundings by exterior walls, exterior materials, or other similar parts of the building peeling off and falling;
外壁、外装材その他これらに類する建物の部分が剝離し、落下することにより周辺に危害を生ずるおそれがあるものとして法務大臣が定める基準に該当するとき。
if the building falls under the standards specified by the Minister of Justice as those under which there is a risk that damage, corrosion, or other deterioration of the 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
給水、排水その他の配管設備(その改修に関する工事を行うことが著しく困難なものとして法務省令で定めるものに限る。)の損傷、腐食その他の劣化により著しく衛生上有害となるおそれがあるものとして法務大臣が定める基準に該当するとき。
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.
高齢者、障害者等の移動等の円滑化の促進に関する法律第十四条第五項に規定する建築物移動等円滑化基準に準ずるものとして法務大臣が定める基準に適合していないとき。
When establishing or changing the standards referred to in the items of the preceding paragraph, the Minister of Justice is to consult with the Minister of Land, Infrastructure, Transport and Tourism in advance.
法務大臣は、前項各号の基準を定め、又はこれを変更するときは、あらかじめ、国土交通大臣と協議するものとする。
A resolution to reconstruct must establish the following matters:
建替え決議においては、次の事項を定めなければならない。
an outline of the design of the building that is to be newly constructed (hereinafter referred to as the "reconstructed building" in this paragraph);
新たに建築する建物(以下この項において「再建建物」という。)の設計の概要
the estimated amount of expenses necessary for the demolition of the building and the construction of the reconstructed building;
建物の取壊し及び再建建物の建築に要する費用の概算額
matters concerning the sharing of expenses prescribed in the preceding item; and
前号に規定する費用の分担に関する事項
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 unit owner.
Notwithstanding the provisions of Article 35, paragraph (1), if a meeting whose subject matter is a resolution to reconstruct is convened, the notice under Article 35, paragraph (1) must be sent at least two months prior to the date of the meeting; provided, however that this period may be extended by the bylaws.
In the case prescribed in the preceding paragraph, when a person gives the notice referred to in Article 35, paragraph (1), they must give notice of the following matters, in addition to the subject matter of the meeting and the outline of the proposal:
the reasons that necessitate the reconstruction of the building;
建物の建替えを必要とする理由
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;
建物の建替えをしないとした場合における当該建物の効用の維持又は回復(建物が通常有すべき効用の確保を含む。)をするのに要する費用の額及びその内訳
if a plan for repairing the building has been established, the content of the plan; and
建物の修繕に関する計画が定められているときは、当該計画の内容
the amount of reserve funds reserved for the repair of the building.
建物につき修繕積立金として積み立てられている金額
A person who has convened a meeting referred to in paragraph (6) must hold an explanatory meeting to explain to the unit owners the matters of which the person is required to notify them when convening a meeting, by at least one month prior to the 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.