Chapter I Building Unit Ownership (Articles 17 to 30)
The law as Act Partially Amending the Act on Building Unit Ownership, etc. to Facilitate Management and Revitalization of Aging Condominiums, etc. (Act No. 47 of 2025) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 17, paragraph (1)（共用部分の変更）(Changes to a Common Area)Changed
Changes to a common area (excluding those that do not involve significant changes to the shape or function of the common area) are decided by a resolution ; the same applies in paragraph (5)) are decided at a meeting adopted by at leastwhich a three-fourths majority of the unit owners (excluding those who do not hold voting rights; hereinafter the same applies in this paragraph and paragraph (3)) (or, if a higher proportion is specified in the bylaws, at least that proportion), who hold a majority of the voting rights; provided, however, (or, if a higher proportion is specified in the bylaws, at least that this quorum of unit owners may be reduced proportion), are present, by resolution by at least a three-fourths majority (or, if a lower proportion (limited to a majority by proportion exceeding one-half) is specified in the bylaws, that proportion) each of the unit owners present and of their voting rights.
In the case referred to in the preceding paragraph, if the changes to the common area will have a particular influence on the use of an exclusively-owned area, the approval of the owner of that exclusively-owned area must be obtained.
Article 17, paragraph (3)（共用部分の変更）(Changes to a Common Area)Added
In the case of making changes to a common area by a resolution under paragraph (1), if there is a special provision in the bylaws, an act of preservation of an exclusively-owned area, or an act for the purpose of using or improving an exclusively-owned area to the extent that it does not change the nature of the exclusively-owned area, that becomes necessary in connection with the changes to the common area (referred to as an "act of preservation of an exclusively-owned area, etc." in the following paragraph and paragraph (4) of the following Article) may be decided at a meeting at which a majority of the unit owners (or, if a higher proportion is specified in the bylaws, at least that proportion), who hold a majority of the voting rights (or, if a higher proportion is specified in the bylaws, at least that proportion), are present, by resolution by at least a three-fourths majority (or, if a lower proportion (limited to a proportion exceeding one-half) is specified in the bylaws, that proportion) each of the unit owners present and of their voting rights.
Article 17, paragraph (4)（共用部分の変更）(Changes to a Common Area)Added
When adopting a resolution referred to in the preceding paragraph, if matters concerning the manner of the act of preservation of an exclusively-owned area, etc. or the sharing of expenses are to be specified, equity in the interests among unit owners must be ensured by taking into consideration the status of use of the exclusively-owned area subject to the resolution by its unit owner, the price paid by the unit owner for the act of preservation of an exclusively-owned area, etc. concerning that exclusively-owned area, and any other circumstances.
Article 17, paragraph (5)（共用部分の変更）(Changes to a Common Area)Added
For the purpose of applying the provisions of paragraph (1) and paragraph (3) to changes to a common area that become necessary for removing a defect in the installation or preservation of the common area in the case where the rights or legally protected interests of others are infringed or are likely to be infringed due to the defect, or to changes to a common area that become necessary in order to improve the convenience and safety of the movement of, or the use of facilities by, elderly persons, disabled persons, etc. (meaning elderly persons, disabled persons, etc. as prescribed in Article 2, item (i) of the Act on Promotion of Smooth Transportation, etc. of Elderly Persons, Disabled Persons, etc. (Act No. 91 of 2006)) by reducing the physical burden relating to their movement or their use of facilities, the term "three-fourths" in those provisions is deemed to be replaced with "two-thirds".
Except in the case referred to in the preceding Article, matters concerning the management of the common areas may be decided by resolution at a meeting; provided, however, that each co-owner may perform an act of preservation.
The provisions of the preceding paragraph do not preclude any provisions to the contrary in the bylaws.
前項の規定は、規約で別段の定めをすることを妨げない。
Article 18, paragraph (3)（共用部分の管理）
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis pursuant to the case referred to in the main clause of paragraph (1).
前条第二項の規定は、第一項本文の場合に準用する。
Article 18, paragraph (4)（共用部分の管理）(Management of Common Areas)Changed
Entering into a non-life insurance contract forIn the case of managing a common area is deemed to be a matter by a resolution under the main clause of paragraph (1), if there is a special provision in the bylaws, an act of preservation of an exclusively-owned area, etc. that concerns becomes necessary in connection with the management of the common areasarea may be decided by a resolution at a meeting.
Article 18, paragraph (5)（共用部分の管理）(Management of Common Areas)Added
The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to a resolution referred to in the preceding paragraph.
前条第四項の規定は、前項の決議について準用する。
Article 18, paragraph (6)（共用部分の管理）(Management of Common Areas)Added
Entering into a non-life insurance contract for a common area is deemed to be a matter that concerns the management of the common areas.
共用部分につき損害保険契約をすることは、共用部分の管理に関する事項とみなす。
Article 19第十九条
Burdens and Collection of Profits from Common Areas（共用部分の負担及び利益収取）
Article 19, paragraph (1)
Each co-owner assumes the burdens of the common areas and collects profits arising from the common areas in proportion to their share, except as otherwise provided for in the bylaws.
The unit owner specified as the owner of a common area by the bylaws pursuant to the provisions of Article 11, paragraph (2) assumes the obligation of managing the common area for the benefit of all the unit owners (or, if applicable, for the benefit of all the unit owners who should have common use of the private common area). This being the case, that unit owner may request reasonable management expenses from the relevant unit owners.
The owner of a common area referred to in the preceding paragraph may not make changes to a common area prescribed in Article 17, paragraph (1).
前項の共用部分の所有者は、第十七条第一項に規定する共用部分の変更をすることができない。
Article 21第二十一条
Application Mutatis Mutandis of Provisions Concerning Common Areas（共用部分に関する規定の準用）
Article 21, paragraph (1)
If the grounds of the building or attached facilities not constituting a common area (including rights related to the grounds or facilities) is co-owned by unit owners, the provisions of Articles 17 through 19 apply mutatis mutandis to the grounds or attached facilities.
If the right to use the grounds is a right of ownership or other such right that is held by multiple persons, a unit owner may not dispose of their exclusively-owned area separately from the right to use the grounds that is connected with their exclusively-owned area; provided, however, that this does not apply if otherwise provided for in the bylaws.
In the case referred to in the main clause of the preceding paragraph, if the unit owner holds two or more exclusively-owned areas, the proportion of the right to use the grounds for each exclusively-owned area is to be based on the proportion specified in Article 14, paragraphs (1) through (3); provided, however, that if a proportion different from this proportion is specified in the bylaws, the right to use the grounds for each exclusively-owned area is to be based on that proportion.
The provisions of the preceding two paragraphs apply mutatis mutandis if the right to use the grounds that is held by the person who owns all the exclusively-owned areas in the building is an ownership right or any other such right that is held by a single person.
Limitations on Claims of Invalidity of Separate Disposition（分離処分の無効の主張の制限）
Article 23, paragraph (1)
The invalidity of a disposition of an exclusively-owned area or of the right to use the grounds that is in violation of the provisions of the main clause of paragraph (1) of the preceding Article (including as applied mutatis mutandis pursuant to paragraph (3) of that Article), may not be asserted against the other party if they acted in good faith; provided, however, that this does not apply if the exclusively-owned areas and the right to use the grounds are disposed of after it has been registered that they may not be disposed of separately, as provided for in the Real Property Registration Act (Act No. 123 of 2004).
Exclusion from Application of Article 255 of the Civil Code（民法第二百五十五条の適用除外）
Article 24, paragraph (1)
In the case referred to in the main clause of Article 22, paragraph (1), the provisions of Article 255 of the Civil Code (including as applied mutatis mutandis pursuant to Article 264 of that Act) do not apply to the right to use the grounds.
If the manager has committed a wrongful act or if there are other circumstances due to which it is not suitable for them to carry out their duties, each of the unit owners may file a request with the court for the dismissal of that manager.
The manager has the right and the obligation to preserve the common areas and to preserve the building's grounds of the building and its attached facilities in the case prescribed in Article 21 (each of these is referred to as a "common area or co-owned grounds or attached facilities" in the following paragraph and Article 47, paragraph (6)), to implement meeting resolutions, and to engage in the acts specified in the bylaws.
The manager acts as the agent of the unit owners inIn connection with their duties. The same applies to (including claims for and the receipt of insurance money based on a non-life insurance contract under the provisions of Article 18, paragraph (46) (including as applied mutatis mutandis pursuant to Article 21), as well as compensation for damages arising in connection with a common area or co-owned grounds or attached facilities and monies to be returned due to unjust enrichment (hereinafter referred to as "insurance money, etc." in this Article and Article 47); the same applies in paragraph (4)), the manager acts as the agent of the unit owners (or, with regard to claims for and the receipt of insurance money, etc., of the persons who hold the right to claim insurance money, etc. (limited to unit owners or persons who were unit owners (excluding persons who were unit owners and who have manifested an intention to the contrary in writing or by electronic or magnetic means (meaning the means of using an electronic data processing system or of making use of information and communications technology that is specified by Ministry of Justice Order; the same applies hereinafter)); hereinafter the same applies in this Article and Article 47); the same applies in that paragraph).
A limitation on a manager's authority to act as agent may not be asserted against a third party in good faith.
管理者の代理権に加えた制限は、善意の第三者に対抗することができない。
Article 26, paragraph (4)（権限）(Authority)Changed
Pursuant to the provisions of the bylaws or meeting resolutions, the manager may be named as plaintiff or defendant for a unit owner, in connection with their duties (including the matters prescribed in the second sentence of paragraph (2)).
IfIn the manager has been named as plaintiff or defendant pursuant tocases set forth in the following items, the bylaws under the preceding paragraph, they must notifymanager must notify the persons specified in the unit ownersrespective items of this without delay. In such a case, the provisions of Article 35, paragraphs (2) through (4) apply mutatis mutandis to the notice to unit owners.
if the manager has been named as plaintiff or defendant in connection with their duties pursuant to the bylaws under the preceding paragraph: the unit owners;
if the manager has been named as plaintiff or defendant in connection with claims for and the receipt of insurance money, etc. pursuant to the bylaws under the preceding paragraph: the persons who hold the right to claim insurance money, etc.; and
if the manager has been named as plaintiff or defendant in connection with claims for and the receipt of insurance money, etc. pursuant to a meeting resolution under the preceding paragraph: the persons who hold the right to claim insurance money, etc. (excluding unit owners).
The manager may own common areas if there are special provisions in the bylaws permitting this.
管理者は、規約に特別の定めがあるときは、共用部分を所有することができる。
Article 27, paragraph (2)
The provisions of Article 6, paragraph (2) and Article 20 apply mutatis mutandis to the case referred to in the preceding paragraph.
第六条第二項及び第二十条の規定は、前項の場合に準用する。
Article 28第二十八条
Application Mutatis Mutandis of Provisions on Delegation（委任の規定の準用）
Article 28, paragraph (1)
Beyond what is prescribed in this Act and in the bylaws, the rights and obligations of a manager are governed by the provisions on delegation.
この法律及び規約に定めるもののほか、管理者の権利義務は、委任に関する規定に従う。
Article 29第二十九条
Liability of Unit Owners（区分所有者の責任等）
Article 29, paragraph (1)
The proportion of liability that a unit owner assumes in connection with the acts the manager has performed with a third party within the scope of their duties is the same as the proportion specified in Article 14;provided, however, that if the bylaws have specified a proportion for sharing in the expenses necessary for the management of the building, its grounds, and its attached facilities, the proportion of liability is to be based on that proportion.
A claim that a third party holds against a unit owner due to an act under the preceding paragraph may be brought against the specific successor of the unit owner.
前項の行為により第三者が区分所有者に対して有する債権は、その特定承継人に対しても行うことができる。
Section 5 Bylaws and Meetings第五節 規約及び集会
Article 30第三十条
Matters Provided for in Bylaws（規約事項）
Article 30, paragraph (1)
Beyond what is provided for in this Act, the bylaws may provide for matters among the unit owners that concern the management or use of a building or its grounds or attached facilities.
Matters concerning a private common area that do not affect the interests of all of the unit owners may be provided for in the bylaws of the unit owners who are to have common use of that area, unless these are provided for in the bylaws of all the unit owners.
The bylaws prescribed in the preceding two paragraphs must be established in a manner that ensures equity in the interests among unit owners by comprehensively taking into consideration the shapes, areas, positional relationships, purpose of use, and status of use, as well as the price paid by each unit owner and any other circumstances concerning the exclusively-owned areas, common areas, or grounds or attached facilities of the building (including rights related to the grounds or attached facilities).
In the cases referred to in paragraph (1) and paragraph (2), the bylaws may not prejudice the rights of persons other than unit owners.
第一項及び第二項の場合には、区分所有者以外の者の権利を害することができない。
Article 30, paragraph (5)
The bylaws must be prepared in writing or by means of electronic or magnetic records (meaning a record that is created in an electronic format, a magnetic format, or any other format that cannot be perceived by the human senses, and that is specified by Ministry of Justice Order as being used in computerized information processing; the same applies hereinafter).