| The reconstruction of condominium building is the most difficult problem in its management. However, in practice, the reconstruction is sometimes quite necessary or even urgent at that time. There are differences between the reconstruction of condominium building and the rebuilding, remodeling and additional building. In comparative law, there are two vote models for the reconstruction, i.e., the unanimous decision and the majority decision. The latter has been taken by our Real Property Law.The reconstruction of condominium building in China should learn from the experience of Japanese law and establish concrete procedures for actual practice. The selling out claim and the purchasing back claim should be established during the reconstruction for the adjustment of rights among owners, and the right and interest of a third party should also be adjusted properly to carry out the reconstruction smoothly. The reconstruction should be carried out by the reconstruction group, which is different from the original owner group (condominium owner group) in its composing members, foundation purpose and dismissal time. As for the reconstruction of a specific condominium building and the whole condominium buildings in one residential area, the system of duplicate majority decision in Japanese law should be adopted.The partial loss and destruction of the condominium building is the common reason for restoration (repair) and reconstruction. However, the restoration is under the prerequisite that the original building will be maintained, while the reconstruction means the demolishment of original condominium building and the rebuilding of a new one. Moreover, the restoration is carried out by the owner(s) or the administrator of the building, while the reconstruction is carried out by the reconstruction group. In the event the building is totally destroyed due to earthquake, fire, flood and typhoon, usually an “Act of Special Measures on Rebuilding” will be drafted to solve this problem in the comparative law. |
京公网安备11010102006664号 京ICP备2023015853号