Article 69Resolutions to Approve the Reconstruction of Buildings Located in a Housing Complex
第六十九条（団地内の建物の建替え承認決議）
If some or all of the buildings in a single housing complex (hereinafter referred to as the "buildings in a housing complex") are buildings with exclusively-owned areas, and the land on which a specific building in the housing complex (hereinafter referred to as a "specific building" in this Article) is located (including the rights related to it) is co-owned by the owners of buildings in a housing complex who own the buildings in the housing complex, and if the requirements that the relevant of the following items specifies for the case set forth in that item are satisfied and, at the meeting of the association provided for in Article 65 that has been organized by the owners of buildings in a housing complex who own the buildings in the housing complex and are the co-owners of the land (including the rights related to it) 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 least a three-fourths majority of the voting rights of the owners of buildings in a housing complex 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 the 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 the buildings in the housing complex):
一団地内にある数棟の建物（以下「団地内建物」という。）の全部又は一部が専有部分のある建物であり、かつ、その団地内の特定の建物（以下この条において「特定建物」という。）の所在する土地（これに関する権利を含む。）が当該団地内建物の団地建物所有者の共有に属する場合においては、次の各号に掲げる場合の区分に応じてそれぞれ当該各号に定める要件に該当する場合であつて当該土地（これに関する権利を含む。）の共有者である当該団地内建物の団地建物所有者で構成される第六十五条に規定する団体又は団地管理組合法人の集会において議決権の過半数（これを上回る割合を第六十六条において準用する第三十条第一項の規約で定めた場合にあつては、その割合以上）を有する団地建物所有者が出席し、出席した団地建物所有者の議決権の四分の三以上の多数による承認の決議（以下この条において「建替え承認決議」という。）を得たときは、当該特定建物の団地建物所有者は、当該特定建物を取り壊し、かつ、当該土地又はこれと一体として管理若しくは使用をする団地内の土地（当該団地内建物の団地建物所有者の共有に属するものに限る。）に新たに建物を建築することができる。
if the specific building is a building with exclusively-owned areas:a resolution to reconstruct has been adopted for the specific building or the consent of all of the unit owners of that specific building has been obtained; or
if the specific building is a building other than a building with exclusively-owned areas:the consent of the owners of that specific building has been obtained.
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 the 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.
Owners of a building in a housing complex who own the specific building for which the requirements specified in the items of paragraph (1) are satisfied are deemed to have exercised voting rights in favor of the resolution to approve reconstruction; provided, however, that this does not apply to the exercise of voting rights by the unit owners of the specific building who hold the voting rights based on the right to use the grounds of a building other than the specific building from among the buildings in the housing complex, in the case prescribed in paragraph (1), item (i).
Notwithstanding the provisions of Article 35, paragraph (1), if a meeting under paragraph (1) is convened, the notice under Article 35, paragraph (1) as applied mutatis mutandis pursuant to Article 66 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 subject matter of the meeting and the outline of the 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 special 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 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 with exclusively-owned areas:unit owners who hold at least three-fourths of the voting rights of all of the other building's unit owners at the meeting referred to in paragraph (1); or
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 paragraph (1), if there are two or more specific buildings, the owners of buildings in the housing complex who own them may bring a resolution to approve the reconstruction of all of those buildings, with the consent of the owners of the buildings in a housing complex for each specific building.
In the case referred to in the preceding paragraph, if the specific buildings 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 by at least a four-fifths majority (or, if the specific buildings fall under any of the items of Article 62, paragraph (2), at least a three-fourths majority) of the unit owners of the specific 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 buildings (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".