Article 83Resolutions to Approve Reconstruction and Rebuilding If a Building Located in a Housing Complex Has Been Destroyed
第八十三条（団地内の建物が滅失した場合における建替え再建承認決議）
In the case prescribed in Article 78, if the land on which a specific building is located (including rights related to that land) and the land on which a specific destroyed building was located (including rights related to that land) are both co-owned by the owners of buildings in a housing complex, etc. of the relevant buildings in the housing complex, and, where the requirements specified in the following items for the categories of cases set forth in those items are satisfied with regard to that specific building and that specific destroyed building (hereinafter referred to as "the specific building, etc." in this paragraph and the following paragraph), a resolution to the effect that the reconstruction of that specific building and the rebuilding of that specific destroyed building are approved collectively (hereinafter referred to as a "resolution to approve reconstruction and rebuilding" in this Article) has been obtained by at least a three-fourths majority of the voting rights of the owners of buildings in a housing complex, etc. present 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 that land (including rights related to it), at which owners of buildings in a housing complex, etc. who hold a majority of the voting rights (or, if a higher proportion is specified in the bylaws referred to in Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 79, at least that proportion) are present, the owners of buildings in a housing complex, etc. of the specific building, etc. may demolish that specific building and newly construct a building on that land or on land located in the housing complex that is managed or used together with that land (limited to land co-owned by the owners of buildings in a housing complex, etc. of the relevant buildings in the housing complex); provided, however, that this applies only if the owners of buildings in a housing complex, etc. of the specific building, etc. have each agreed to bring the reconstruction of that specific building and the rebuilding of that specific destroyed building to a resolution to approve reconstruction and rebuilding.
第七十八条に規定する場合において、特定建物が所在する土地（これに関する権利を含む。）及び特定滅失建物が所在していた土地（これに関する権利を含む。）がいずれも当該団地内建物の団地建物所有者等の共有に属し、かつ、当該特定建物及び当該特定滅失建物（以下この項及び次項において「当該特定建物等」という。）につき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にこれらの土地（これら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等で構成される団地建物所有者等集会において議決権の過半数（これを上回る割合を第七十九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等が出席し、出席した団地建物所有者等の議決権の四分の三以上の多数により当該特定建物の建替え及び当該特定滅失建物の再建について一括して承認する旨の決議（以下この条において「建替え再建承認決議」という。）を得たときは、当該特定建物等の団地建物所有者等は、当該特定建物を取り壊し、かつ、これらの土地又はこれら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等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。ただし、当該特定建物等の団地建物所有者等がそれぞれ当該特定建物の建替え及び当該特定滅失建物の再建について建替え再建承認決議に付する旨の合意をした場合でなければならない。
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 destroyed building was a building with exclusively-owned areas:a resolution to rebuild has been adopted for the specific destroyed building or the consent of all of the co-owners of the grounds, etc. of that specific destroyed building has been obtained;
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.
if the specific destroyed building was a building other than a building with exclusively-owned areas:the consent of the persons who hold rights related to the grounds of the building that were held for owning that specific destroyed building has been obtained.
In the case referred to in the main clause of the preceding paragraph, if the specific building, etc. are buildings with exclusively-owned areas (including a destroyed building with exclusively-owned areas), and the requirements specified in the following items for the categories of cases set forth in those items are satisfied, a resolution to bring the reconstruction of that specific building and the rebuilding of that specific destroyed building to a resolution to approve reconstruction and rebuilding may be adopted at the meeting prescribed in the relevant item. In such a case, if the resolution is adopted, the agreement prescribed in the proviso to the preceding paragraph is deemed to have been reached by the owners of buildings in a housing complex, etc. of the specific building, etc. (limited to unit owners for the specific building, and to co-owners of the grounds, etc. for the specific destroyed building).
for the specific building:at a meeting referred to in Article 62, paragraph (1) for which the reconstruction of that specific building is the subject matter, at least four-fifths (or, if that specific building falls under any of the items of paragraph (2) of that Article, at least three-fourths) of the unit owners of that specific building (excluding those who do not hold voting rights) and of the voting rights are in favor; and
for the specific destroyed building:at a meeting of co-owners of the grounds, etc. for which the rebuilding of that specific destroyed building is the subject matter, at least four-fifths of the voting rights of the co-owners of the grounds, etc. pertaining to that specific destroyed building are in favor.
The provisions of paragraphs (2) through (5) of Article 81 apply mutatis mutandis to a resolution to approve reconstruction and rebuilding. In such a case, the phrase "the preceding paragraph" in paragraph (2) of that Article and the phrase "paragraph (1)" in paragraph (5) of that Article are deemed to be replaced with "Article 83, paragraph (1)"; the phrase "specific destroyed building" in paragraph (2) of that Article is deemed to be replaced with "specific building (meaning the specific building prescribed in paragraph (1) of the following Article; the same applies in the following paragraph and paragraph (5)) is located (including rights related to that land) and that specific destroyed building"; the phrase "the items of paragraph (1)" in paragraph (3) of that Article is deemed to be replaced with "the items of Article 83, paragraph (1)", and the phrase "of the specific destroyed building" in that paragraph is deemed to be replaced with "of the specific building, etc. (meaning the specific building, etc. prescribed in that paragraph; hereinafter the same applies in this paragraph and paragraph (5))"; the phrase "item (i) of that paragraph" in the proviso to that paragraph is deemed to be replaced with "items (i) and (ii) of paragraph (1) of that Article", and the phrase "the co-owners of the grounds, etc. pertaining to the specific destroyed building" in that proviso is deemed to be replaced with "the unit owners of the specific building or the co-owners of the grounds, etc. pertaining to that specific destroyed building"; the phrase "other than the specific destroyed building" in that proviso and in paragraph (5) of that Article is deemed to be replaced with "other than the specific building, etc."; the phrase "meeting of owners of buildings in a housing complex, etc. referred to in paragraph (1)" in paragraph (4) of that Article is deemed to be replaced with "meeting of owners of buildings in a housing complex, etc. referred to in Article 83, paragraph (1)"; and the phrase "the rebuilding under" in paragraph (5) of that Article is deemed to be replaced with "the reconstruction and rebuilding under", and the phrase "the rebuilding of the specific destroyed building" in that paragraph is deemed to be replaced with "the reconstruction of the specific building and the rebuilding of that specific destroyed building".
第八十一条第二項から第五項までの規定は、建替え再建承認決議について準用する。この場合において、同条第二項中「前項」とあり、及び同条第五項中「第一項」とあるのは「第八十三条第一項」と、同条第二項中「特定滅失建物」とあるのは「特定建物（次条第一項に規定する特定建物をいう。次項及び第五項において同じ。）が所在する土地（これに関する権利を含む。）及び当該特定滅失建物」と、同条第三項中「第一項各号」とあるのは「第八十三条第一項各号」と、「当該特定滅失建物の」とあるのは「当該特定建物等（同項に規定する当該特定建物等をいう。以下この項及び第五項において同じ。）の」と、同項ただし書中「同項第一号」とあるのは「同条第一項第一号及び第二号」と、「特定滅失建物に」とあるのは「特定建物の区分所有者又は当該特定滅失建物に」と、同項ただし書及び同条第五項中「当該特定滅失建物以外」とあるのは「当該特定建物等以外」と、同条第四項中「第一項の団地建物所有者等集会」とあるのは「第八十三条第一項の団地建物所有者等集会」と、同条第五項中「再建が」とあるのは「建替え及び再建が」と、「特定滅失建物の」とあるのは「特定建物の建替え及び当該特定滅失建物の」と読み替えるものとする。