Reconstruction is an activity to rebuild a new and better structure where there once was an old and damaged building after clearing. House is as much property of each individual as it is of society. Thus the whole reconstruction process of old houses often has serious impact on our society as well as economy. Accordingly for reconstruction to be successful, including guarantee of safety of surrounding environment and fulfilling public goods, every party of interest should be agreed upon and satisfied with the process.
Currently every reconstruction process should proceed in accordance with related laws and regulations. Reconstruction of apartment complexes and building structures with similar purposes that contain over 20 houses is regulated by City Maintenance Law. For apartment complexes including under 20 houses or individual houses, reconstruction is regulated by Construction Law. For commercial building complexes that have no living quarters, Complex Building Law is the most related regulations to their reconstruction.
City Maintenance Law was enacted and executed to respond to the needs to reorganize residential areafollowing proposed plans and to solve many problems regarding establishment and operation of voluntary reconstruction associations, with a hope which would improve our land use ability. However because so far there aren't enough judicial precedents or cases of legal interpretation accumulated, a lot of disputes over certain rulings or legal interpretations are going on nowadays. Under the circumstances this study is to investigate how actually executive decisions are made within reconstruction associations, in its operation and what are the elements that often spur up legal disputes.
In Chapter 1, the purpose and the range of the study will be discussed and in Chapter 2, definition, subject, and legal background of reconstruction will be reviewed.
In Chapter 3, social background related to enactment of reconstruction system under City Maintenance Law, and the whole process including planning, executing, and finishing in accordance with the law will be introduced.
In Chapter 4, each steps of reconstruction provided under the law will be reviewed in detail. First, how to create a board of reconstruction association organization and its services and operation practice will be discussed. Next we will look over how to get the governmental approval of establishment of the association, and its official policy and the function of board of directors. Finally we will go over how to operate inside organizations and meetings such as the generalassembly, board of representatives, and representative association of residents.
In Chapter 5, the most disputable elements, especially those related to decision making process within the association will be discussed: in Part 1, the legitimacy of official permission on establishment of association, in Part 2 requirements to modify the agreed details after the establishment, In Part 3 the requirements to determine the range of financial burden to share, which should have been decided in the initial stage, later at the execution stage, and its legal effect afterward, in Part 4, whether serious problems looked over when the final decision of reconstruction was made can really be mended after establishment of the association or at the execution stage, in Part 5 whether the nullified resolution in the previous general assembly can regain its effect by ratification in the subsequent meeting, and in Part 6, requirements and procedure for minority of members to call the extraordinary general meeting.