Chapter I Building Unit Ownership (Articles 31 to 45)
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 31第三十一条
Establishment, Amendment, and Repeal of Bylaws(規約の設定、変更及び廃止)
Article 31, paragraph (1)(規約の設定、変更及び廃止)(Establishment, Amendment, and Repeal of Bylaws)Changed
The establishment, amendment, or repeal of the bylaws is effected by a resolution at a meeting adopted at which a majority of the unit owners (excluding those who do not hold voting rights; hereinafter the same applies in the first sentence of this paragraph) (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 at least a three-fourths majority of the unit owners present and of the voting rightsa three-fourths majority of their votes. In such a case, if the establishment, amendment, or repeal of the bylaws will have a special influence on the rights of some unit owners, their approval must be obtained.
Article 31, paragraph (2)(規約の設定、変更及び廃止)(Establishment, Amendment, and Repeal of Bylaws)Changed
The establishment, amendment, or repeal of the bylaws of all the unit owners concerning a matter prescribed in paragraph (2) of the preceding Article may not be effected if more than one-fourth of the unit owners who should have common use of the private common area, (excluding those who do not hold voting rights) or persons who hold more than one-fourth of those unit owners'the voting rights, connected with the private common area oppose itthe establishment, amendment, or repeal.
Establishment of Bylaws by Notarial Deed(公正証書による規約の設定)
Article 32, paragraph (1)
A person who initially owns all the exclusively-owned areas of a building may establish the bylaws under Article 4, paragraph (2), Article 5, paragraph (1), the proviso to Article 22, paragraph (1), and the proviso to paragraph (2) of that Article (including as applied mutatis mutandis pursuant to paragraph (3) of that Article) by a notarial deed.
The bylaws must be retained by the manager; provided, however, that if there is no manager, the bylaws must be retained by a unit owner who is using the building or their agent who has been specified in the bylaws or by meeting resolution.
If the person who has retained the bylaws pursuant to the provisions of the preceding paragraph receives a request from an interested party, the person must not refuse to allow them to inspect the bylaws (or, if the bylaws have been prepared in the form of electronic or magnetic records, to inspect the content of the data recorded in the electronic or magnetic records, displayed in a means that is specified by Ministry of Justice Order at the place where the bylaws are retained), unless there are legitimate grounds for doing so.
Article 33, paragraph (3)(規約の保管及び閲覧)(Retention and Inspection of the Bylaws)Changed
The place where If the bylaws have been prepared in the form of electronic or magnetic records, the person who retains the bylaws are retained must be posted somewhere conspicuous within pursuant to the provisions of paragraph (1) may, in lieu of allowing the buildinginspection under the preceding paragraph of the content of the data recorded in the electronic or magnetic records displayed in a means specified by Ministry of Justice Order, provide the data recorded in the electronic or magnetic records by electronic or magnetic means with the consent of the interested party who made the request under that paragraph, pursuant to the provisions of Ministry of Justice Order. In such a case, the person who retains the bylaws is deemed to have allowed the inspection under that paragraph.
The manager must convene a meeting at least once a year.
管理者は、少なくとも毎年一回集会を招集しなければならない。
Article 34, paragraph (3)(集会の招集)(Convocation of Meetings)Changed
One-fifth or more of the unit owners (excluding those who do not hold voting rights; the same applies in paragraph (5)) who hold at least one-fifth of all of the voting rights may request that the manager conveneindicate a subject matter for a meeting, indicating the subject matter of the meeting and request that the manager convene one; provided, however, that this quorum may be reduced by the bylaws.
If a request under the preceding paragraph has been made, but, within two weeks, the manager does not send any convocation notice for a meeting setting a day within four weeks from the request date as the date of the meeting, the unit owners who made the request may convene a meeting.
Article 34, paragraph (5)(集会の招集)(Convocation of Meetings)Changed
If there is no manager, persons who constitute one-fifth or more of the unit owners and who hold at least one-fifth of all the voting rights may convene a meeting; provided, however, that this quorum may be reduced by the bylaws.
The convocation notice for a meeting must indicate the subject matter of the meeting and the outline of the proposal and be sent to each unit owner (excluding those who do not hold voting rights) at least one week prior to the date of the meeting; provided, however, that this period may be extended or shortened by the bylaws.
If an exclusively-owned area is under the co-ownership of multiple persons, it is sufficient to send the notice under the preceding paragraph to the person whom it has been decided will exercise their voting rights (or to one of the co-owners, if there is no such person) pursuant to the provisions of Article 40.
It is sufficient to send the notice under paragraph (1) to the place where the unit owner has notified the manager that they will receive notices, and if the unit owner has not notified the manager of such a place, to the place where the exclusively-owned area owned by the unit owner is located. In such a case, the notice under that paragraph is deemed to have arrived at the time when the notice should have normally arrived.
If a special provision is provided in the bylaws, the notice under paragraph (1) may be given to a unit owner whose address is in the building, or to a unit owner who has not notified the manager of the place where they are to receive notices under the preceding paragraph, by posting the notice somewhere conspicuous within the building. In such a case, the notice under paragraph (1) is deemed to have arrived at the time when the notice is posted.
If the notice referred to in paragraph (1) is given, and the subject matter of the meeting is a matter for a resolution provided for in Article 17, paragraph (1), Article 31, paragraph (1), Article 61, paragraph (5), Article 62, paragraph (1), Article 68, paragraph (1), or Article 69, paragraph (7), notice of the outline of the proposal must also be given.
Article 36, paragraph (1)(招集手続の省略)(Omission of Convocation Procedures)Changed
If all of the unit owners (excluding those who do not hold voting rights) have given their consent, a meeting may be held without going through convocation procedures.
Only a matter for which notice has been given in advance pursuant to the provisions of Article 35 may be voted on as a resolution at a meeting.
集会においては、第三十五条の規定によりあらかじめ通知した事項についてのみ、決議をすることができる。
Article 37, paragraph (2)
The provisions of the preceding paragraph do not preclude any provisions to the contrary in the bylaws, except for matters concerning which this Act prescribes a special quorum for meeting resolutions.
The provisions of the preceding two paragraphs do not apply to a meeting under the provisions of the preceding Article.
前二項の規定は、前条の規定による集会には適用しない。
Article 38第三十八条
Voting Rights(議決権)
Article 38, paragraph (1)
The voting rights of each unit owner are to be in accordance with the proportion specified in Article 14, except as otherwise provided for in the bylaws.
Article 38-2, paragraph (1)(所在等不明区分所有者の除外)Exclusion of Unknown or Missing Unit OwnersAdded
If a unit owner cannot be identified or the whereabouts of a unit owner cannot be ascertained, the court may, at the request of the unit owners other than that unit owner (referred to as an "unknown or missing unit owner" in the following paragraph) (hereinafter referred to as "general unit owners" in this paragraph and paragraph (3)) or of the manager, make a judicial decision to the effect that a resolution at a meeting may be adopted by the general unit owners.
Article 38-2, paragraph (2)(所在等不明区分所有者の除外)Exclusion of Unknown or Missing Unit OwnersAdded
Notwithstanding the provisions of the preceding Article, a person who has been found to be an unknown or missing unit owner by the judicial decision referred to in the preceding paragraph does not hold voting rights at a meeting (or, if the building to which that judicial decision pertains has been destroyed, voting rights at a meeting held by the persons who hold the right to use the grounds pertaining to that building or who hold a share of co-ownership in the attached facilities of the building (including rights related to them)).
Article 38-2, paragraph (3)(所在等不明区分所有者の除外)Exclusion of Unknown or Missing Unit OwnersAdded
If the judicial decision referred to in paragraph (1) has been made at the request of general unit owners, those general unit owners must notify the manager of this without delay; provided, however, that if there is no manager, they must post a notice to that effect somewhere conspicuous within the building.
The proceedings of a meeting areA meeting's decisions are to be decided by a majority of the unit owners and of the present (excluding those who do not hold voting rights) and with a majority of their votes, except as otherwise provided for in this Act or in the bylaws.
Voting rights may also be exercised in writing or through an agent. In such a case, the number of unit owners who have exercised their voting rights in writing or through an agent is included in the number of unit owners present, and the number of those voting rights is included in the number of voting rights of the unit owners present.
Pursuant to the bylaws or a meeting resolution at a meeting, a unit owner may exercise their voting rights by electronic or magnetic means (meaning the meansin lieu of using an electronic data processing system or of making usethe exercise of voting rights in writing under the provisions of information and communications technology that is specified by Ministrythe preceding paragraph. In such a case, the provisions of Justice Order; the same applies hereinafter) in lieu of exercising their the second sentence of that paragraph apply by deeming the exercise of voting rights in writing under by electronic or magnetic means to be the provisionsexercise of the preceding paragraphvoting rights in writing.
Article 40, paragraph (1)(議決権行使者の指定)(Designation of a Person to Exercise Voting Rights)Changed
If an exclusively-owned area is under the co-ownership ofco-owned by multiple persons, the co-owners must decide upon one person who is towill exercise thetheir voting rights, by a majority in accordance with the value of the share of each co-owner.
The manager or one of the unit owners who convened the meeting is to serve as the chairperson at the meeting, unless otherwise provided for in the bylaws or if it has been otherwise resolved.
The chairperson must prepare minutes of the proceedings of a meeting in writing or in the form of electronic or magnetic records.
集会の議事については、議長は、書面又は電磁的記録により、議事録を作成しなければならない。
Article 42, paragraph (2)
An outline of the proceedings of the meeting and their results must be entered or recorded in the minutes.
議事録には、議事の経過の要領及びその結果を記載し、又は記録しなければならない。
Article 42, paragraph (3)
In the case referred to in the preceding paragraph, if the minutes have been prepared in writing, the chairperson and two unit owners who attended the meeting must sign them.
In the case referred to in paragraph (2), if the minutes have been prepared in the form of electronic or magnetic records, measures specified by Ministry of Justice Order that are used in place of signatures and that are implemented by the chairperson and two unit owners who attended the meeting must be taken for the data recorded in the electronic or magnetic records.
If a person who has possession of an exclusively-owned area with the consent of the unit owner holds an interest in the subject matter of the meeting, the person may attend the meeting and state their opinion.
Article 44, paragraph (2)(占有者の意見陳述権)(Possessors' Right to State Their Opinions)Changed
In the case prescribed in the preceding paragraph, the person convening who convened the meeting must, without delay after sending post the convocation notice pursuant to the provisionsdate and place of Article 35, post the meeting, the date and time, placesubject matter of the meeting, and subject matterthe outline of the meetingproposal somewhere conspicuous within the building without delay after sending the convocation notice pursuant to the provisions of Article 35.
Article 45, paragraph (1)(書面又は電磁的方法による決議)(Resolutions Decided on in Writing or by Electronic or Magnetic Means)Changed
If a resolution is required to be voted on at a meeting pursuant to the provisions of this Act or the bylaws and if all of the unit owners (excluding those who do not hold voting rights; the same applies in the following paragraph) consent, the resolution may be voted on either in writing or by electronic or magnetic means; provided, however, that the consent of the unit owners concerning a resolution voted on by electronic or magnetic means must be obtained pursuant to the provisions of Ministry of Justice Order.
If all of the unit owners agree unanimously in writing or by electronic or magnetic means, a matter that was required to have been decided by a resolution voted on at a meeting pursuant to the provisions of this Act or the bylaws, is deemed to have been decided by a resolution voted on in writing or by electronic or magnetic means.
A resolution that has been voted on in writing or by electronic or magnetic means concerning a matter that was required to have been decided by a resolution voted on at a meeting pursuant to the provisions of this Act or the bylaws has the same effect as a meeting resolution.
The provisions of Article 33 apply mutatis mutandis to documents related to a resolution voted on in writing or by electronic or magnetic means, and to the electronic or magnetic records that are prepared by electronic or magnetic means in a case in which the electronic or magnetic means referred to in paragraph (1) or paragraph (2) are used.