Plaintiff’s Exhibit No. 3
Table of Contents
Page
1.Gated Communities Condominium Association Bylaws
Article 1General Provisions...... 1
Article 2Unit, Common Areas and Facility...... 3
Article 3Common Ownership in Land
and Appurtenant Facility and Common Areas...... 4
Article 4Permitted Use...... 4
Article 5Management...... 7
Article 6Condominium Association...... 12
Article 7Accounting...... 22
Article 8General Condominium Building Owners Meeting...... 24
Article 9Miscellaneous...... 28
Attachment No. 1...... 32
Attachment No. 2...... 32
Attachment No. 3...... 33
Attachment No. 4...... 33
2.Rules and Regulations on Use ...... []
3.Rules and Regulationsrelating to Refurbishment
and Repair of Residential homes...... []
4.Rules and Regulations on Capital Expenditure Planning...... []
5.Rules and Regulations on Use of Car Parking Lots ...... []
6.Rules and Regulations on Use of Tennis Courts...... []
7.Rules and Regulations on Use of Administration Building...... []
Page
8.Rules and Regulations on Use of Billiard and Ping Pong Room...... []
9.Rules and Regulations on Use of Swimming Pool Building ...... []
10.Rules and Regulations on Use of Barbeque Area...... []
11.Rules and Regulations for Disaster Prevention...... []
TC-1
Bylaws of theGarden Palace Yamanakako Lake Gated Communities
and Condominium Association
The unit owners (hereinafter referred to as the “Unit Owner”) who own the common ownership interests in the units of the “Garden Palace Yamanakako LakeGated Communities,” which consists of Condo Building A, and Condo Building B (hereinafter referred to as the “Gated Communities”) hereby establish the Bylaws of theGarden Palace Yamanakako Lake Gated Communities and Condominium Association (hereinafter referred to as the “Bylaws”) pursuant to the Law Relating to the Common Interest Ownership in a Building(Tatemono no Kubun Shoyu to ni kansuru Horitsu) (Law No. 69 of 1962, as amended by Law No. 51 on May 21, 1983) (hereinafter referred to as the “Common Interest Ownership Law”) as follows.
ARTICLEI
General Provisions
Section 1.Purpose.
These Bylaws are adopted for the purpose of furtherance of the common interestofthe Gated Communities Buildings Owners and securing superb residential conditions by prescribing maters on the management and use of the Gated Communities.
Section 2.Definitions.
In these Bylaws, the following terms shall have the following meanings as described in the respective relevant items.
1 / Common Interest Ownership / shall mean the ownership rights covering a portion of the multiple parts structurally partitioned in a detached way, which is independently available as a residence, office, and warehouse or otherwise under the permitted use of the building.2 / Unit Owner / shall mean the holder of a Common Interest Ownership.
3 / Gated Communities Buildings Owner / shall mean to the holder of a Common Interest Ownership in multiple buildings, land, or appurtenant facility in the Gated Communities, which are jointly owned by the owners.
4 / Occupant / shall mean the occupants of a unit other than the Unit Owners.
5 / Unit / shall mean the portion of the building subject to the Common Interest Ownership.
6 / Land and Appurtenant Facility / shall mean the land and the Appurtenant Facility in the Gated Communities subject to the common ownership of Gated Communities Buildings Owners.
7 / Building Common Areas / shall meanthe portion of the building other than the Unitsand the fixtures of the building not subject to or appurtenant to the other than the Units.
8 / Gated Communities Common Areas / shall meanthe Appurtenant Facility subject to the common ownership of the Gated Communities Buildings Owners in aggregate and the properties that are designated as the Gated Communities Common Areas by these Bylaws.Under these Bylaws, the Gated Communities Common Areasand the Building Common Areas shall be deemed Common Areas for the purpose of maintenance and managementof the buildings.
9 / Common Areas and Facility / shall meanthe Common Areas and the Appurtenant Facility.
10 / Exclusive Right-to-Use / shall mean the rights owned by a specific Gated Communities Buildings Owner to use a certain portion of the Land and Appurtenant Facility and Common Areas exclusively.
11 / Exclusive Right-to-Use Area / shall meanportion of the Land and Appurtenant Facility and Common Areas subject to the Exclusive Right-to-Use.
Section 3.Duty to Comply with Charter.
3.1The Gated Communities Buildings Owners shall faithfully comply with these Bylaws and the Rules and Regulations to facilitate and maintain community life in a peaceful and enjoyable manner.
3.2The Gated Communities Building Owners shall ensure that their cohabitant persons comply with these Bylaws and the Rules and Regulations.
Section 4.Association Property.
The properties subject to these Bylaws shall be the land, the buildings, and the appurtenant facility (hereinafter referred to as “Association Property”) identified in Attachment No. 1 hereto.
Section 5.Applicability of these Bylaws.
5.1These Bylaws shall apply to a general successor in interest and a successor in a specific interest of the Gated Communities Buildings Owners.
5.2Occupants shall owe the same duties as those owed by the Gated Communities Buildings Owners under these Bylaws with respect to the manner of use of the Association Property.
Section 6.Condominium Association.
6.1The Gated Communities Buildings Owners establish and become members of the Gated Communities Condominium Association pursuant to theCommon Interest Ownership Law, Article 65, to attain the purpose set forth in section 1 hereof.
6.2The Gated Communities Condominium Association shall be called theGarden Palace Yamanakako Lake Condominium Association (hereinafter referred to as the “Condominium Association”).
6.3The Condominium Association shall have its office in the Gated Communities.
6.4The powers, duties, and organization of the Condominium Association shall be as provided in Article 6.
Article II
Unit and Common Areas and Facility
Section 7.The Unit.
7.1The Units subject to the Common Interest Ownership in the Association Property shall be the residential units for which residential unit numbers are assigned.
7.2Ownership in the structuralcomponents separately identified as the Units provided in the immediately preceding section shall vest as follows:
1Ceiling, floor, and wall, excludingthe main structure, shall be included in the Unit;
2Only the lock and painted indoor side of an entrance door shall be a part of the Unit.
3Shutter door and wall, window frame, window glass, and mesh sliding door screen shall not be deemed to be included in the Unit.
4Within wiring, piping, pipe shaft, and other equipment appurtenant to the building that installed in the portion deemed to be a portion of the Unit pursuant to Item 1 above shall be a component of the Unit.
7.3Equipment exclusively made available for the Unit as defined in Paragraph 1 or the immediately preceding section shall be a component of the Units and accepts those installed in the Common Area of Condo Building.
Section 8.Common Areas and Facility.
TheCommon Areas and Facility within the Association Property shall be those identified in Attachment No. 2 hereof.
Article III
Common Ownership of Land and Appurtenant Facility and Common Areas
Section 9.Common Ownership.
Within the Association Property, the Land and Appurtenant Facility and the Gated Communities Common Areas shall be subject to the common ownership of the Gated Communities Buildings Owners in aggregate and the Building Common Areas shall be subject to the common ownership of the Units Owners of the respective Condo Building.
Section 10.Common Interest Ownership.
10.1AllGated Communities Buildings Owners and Unit Ownersshall have the Common Interest Ownership in accordancewith the share of floor area of the Unit owned by such Unit Owners and their rights and duties shall be as defined in Attachment No. 3 hereto.
10.2The floor area referenced in the immediately preceding section shall be measured from the centerline of the wall of one side to the centerline of the wall of the other side (the method to calculate the area between the centerlines of two portioning walls).
Section 11.No Claim to Partition and Separate Disposition.
11.1The Gated Communities Buildings Owner or the Unit Owner may not claim the partitioning of the Land and Appurtenant Facility or Common Areas.
11.2The Gated Communities Buildings Owner or the Unit Owner shall not transfer, encumber, or otherwise dispose of the Common Interest Ownership in the Unit from those in the Land and Appurtenant Facility and Common Areas separately.
Article IV
Permitted Use
Section 12.Permitted Use of the Unit.
The Gated Communities Buildings Owner shall use the Unit owned by it only for the residential home or resort residence, shall not use it for any other purpose.
Section 13.Permitted Use of the Land and Appurtenant Facility and Common Areas.
The Gated Communities Buildings Owner shall use the Land and Appurtenant Facility and Common Areas within the scope of ordinary permitted use.
Section 14.Exclusive Right-to-Use in Apparent Area and Equipment.
14.1It is acknowledged that the Gated Communities Buildings Owner shall have the Exclusive Right-to-Use for each portion listed in Attachment No. 4 (hereinafter referred to as “Appurtenant Area and Equipment”) as set forth in this Attachment.
14.2The Exclusive Right-to-Use set forth in Paragraph 1 shall be subject to the disposal of the Unit.
14.3The person who rented the Unit from the Gated Communities Buildings Owner may use the Appurtenant Area and Equipment in which the said Gated Communities Buildings Owner has the Exclusive Right-to-Use.
Section 15.Use of the Land and Appurtenant Facility and Common Areas by a Third Party.
15.1The Condominium Association may allow the following respective persons to use part of the following Land and Appurtenant Facility and Common Areasfree of charge.
1. / Administration office (Front Office); residential unit for maintenance service personnel;machineroom and other facilities necessary for rendering service for management of the Association Property / Contractor undertaking to render such management service2. / Electric Power Room / Tokyo Electric Power Company
3. / Common facility for water supply, gas, and other utility service / Respective utility company
15.2In addition to the immediately preceding section, the Condominium Association may allow a third party to use part of the Land and Appurtenant Facility and Common Areas (excluding car parking lots and Exclusive Right-to-Use Area) after obtaining authorization in the form of a resolution at the General Meeting of Gated Communities at Large.
Section 16.Use of Car Parking and Bicycle Parking Lots.
16.1Any Occupant who holds a legitimate interest in the use of the Gated Communities Buildings and the Unit may use the Car Parking Lots in the Gated Communities free of charge.
16.2Notwithstanding anything to the contrary inthe immediately preceding section, the Condominium Association may require the user to pay a fee after a resolution of the General Meeting of Gated Communities at Large, provided, however, that, such decision takes effect only after such resolution.
16.3Any Occupant who holds a legitimate interest in the use of the Gated Communities Buildings and the Unit may use the Bicycle Parking Lots in the Gated Communities free of charge. Provided that, if such use is changed to requiringthe payment of a fee, the immediately preceding section shall apply mutatis mutandis.
16.4If any person who parks a car and/or a bicycle in the Car Parking Lots and Bicycle Parking Lots in the Gated Communities suffers loss or damage, such person shall not be entitled to claim compensation for damagesfromthe Condominium Association.
Section 17.Rules and Regulations.
With respect to the use or operation of the Association Property, the Rules and Regulations shall be separately adopted.
Section 18.Repair of the Unit.
18.1If the Gated Communities Buildings Owner plans to repair, refurbish, or install or replace items affixed to the building (hereinafter referred to as the “Repair Work”), such Owner shall apply to the president (the meaning of “president” as defined in section 38 hereof, and the same shall apply hereafter) for approval in advance and obtain written approval.
18.2In the case of the immediately preceding section, the Gated Communities Buildings Owner shall submit an application attaching drawings, specifications, and work schedule to the president.
18.3Before approving or disapproving such application provided for in Paragraph 1 hereof, the presidentshall do so after obtaining a resolution of the Board of Directors (the meaning of“Board of Directors” as defined in section 54 hereof, and the same shall apply hereafter).
18.4Once the approval described in Paragraph 1 hereof is obtained, the Gated Communities Buildings Owner may perform the Repair Work for the Unit using the Common Area in the Condo Building within the scope of such approval.
18.5The president or a designated person may enter into the place of Repair Work to the extent necessary in light of the provision of this Section, and carry out necessary investigation. In this case, the Gated Communities Buildings Owner may not refuse such investigation without due cause.
Section 19.Exceptions.
While adopting these Bylaws, the Gated Communities Buildings Owner and Occupant acknowledge the following conditions:
1.Expenses for fraternity activities with Yamanakako Village and neighboring residentsand the cable broadcasting use fee shall be credited to the Common Expenses; and
2The utility company may use part of the building and land for maintenance and management servicesforelectricity, exclusive water supply, telephone service, and common appurtenant equipment to the extent and for the period necessary for performing such services free of charge. Also, such company may enter into and work in the Gated Communities,if necessary for maintenance, management, and repair services for such facility.
Section 20.Rental of the Unit.
20.1If the Gated Communities Buildings Owner rents its Unit to a third party, she said Owner shall ensure that thethird party comply with the provisions in these Bylaws and Rules and Regulations.
20.2In the case of the immediately preceding section, the Gated Communities Buildings Owner shall include the covenant to comply with the provisions in these Bylaws and Rules and Regulations in the rentalagreement and demand that the other party to the rental agreement agrees to comply with the provisions in these Bylaws and Rules and Regulations the Condominium Association.
ARTICLE V
Management
Subarticle 1
General Provisions
Section 21.Obligation of Gated Communities Buildings Owners.
The Gated Communities Buildings Owner shall endeavor to appropriately manage the Association Property in order to maintain and enhance its value and functionality.
Section 22.Self-Management of Unit.
With respect to the Unit, the Gated Communities Buildings Owner of the respective Unit shall manage it at its own cost and responsibility.
Section 23.Management of Land and Appurtenant Facility and Common Areas.
23.1Management of the Land and Appurtenant Facility and the Common Areas shall be performed by the Condominium Association at its responsibility and cost. Provided, however, that, management of the Appurtenant Area and Equipment, which accompanies regular use shall be performed by the person who has the Exclusive Right-to-Use at the person’s own responsibility and costs.
23.2If maintenance is necessitated for equipment inthe Unit that isstructurally incorporated into the Condo Building concurrently with the maintenance of the Common Areas of the Condo Building, the Condominium Association may perform such work.
23.3Repairs and renovationsarising from the building itself of each Condo Building, which is the Common Area, beyond the scope of the regular maintenance and management may be performed at the responsibility and cost of each Condo Building.
Section 24.Access to Necessary Portion
24.1The person who executes management pursuant to Sections 22 and 23 may request access to the Unit or Exclusive Right-to-Use Area managed by other Gated Communities Building Owners to the extent necessary for such management.
24.2The person who is requested to allow access pursuant to the immediately preceding paragraph may not refuse such request without a justifiable reason.
24.3The person who refuses the requestfor access withouta justifiable reason shall be liable for damages resulting from such refusal.
24.4The person gaining access shall promptly restore the point of access to the original condition. If any damages occur in the point of access, the person shall be liable for damages.
Section 25.Property Insurance.
25.1The Gated Communities Building Owner acknowledges that the Condominium Association shall acquire fire insurance and other property insurance for the Common Areas and Facility and store in safe custody the insurance policy and claims and receive the insurance proceeds.
25.2The Condominium Association shall apply the insurance proceeds received pursuant to the immediately preceding paragraph to the expenses necessary to repair and restore the Common Areas and Facility, which suffer damages due to the accident, provided, however, that any surplus shall be deposited in the Contingency and Repair Reserve.
25.3The president shall claim and receive the insurance proceeds in accordance with the contract in Paragraph 1, except for personal insurance.
25.4The Gated Communities Buildings Owner shall acquire fire insurance for the Unit owned by such Owner.
Subarticle 2
Assessment of Expenses
Section 26.Common Expenses.
26.1The Gated Communities Buildings Owner shall pay to the Condominium Association the following expenses (hereinafter referred to as the “Common Expenses”) to apply to the expenditures necessary for the management of the Land and Appurtenant Facility and the Common Areas:
1Common Expenses;
2Contingency and Repair Reserve;
3Water Supply Facility Reserve; and
4Deferred Maintenance Fund;
2With respect to the Common Expenses, the amount assessed in accordance with Attachment No. 3 shall be paid according to the percentage of the common ownership interest of each Gated Communities Buildings Owner, provided, however, that the Water Supply Facility Reserve shall be fixed for all residential houses.
3If the Gated Communities Buildings Owner delays in payment of the Common Expenses, the Condominium Association may request the payment of the Common Expenses to the Occupant with the approval of the Gated Communities Buildings Owner, provided, however, that, if the Condominium Association request the Gated Communities Buildings Owner his/her approval, the Gated Communities Buildings Owner should accept it.