Chapter I Building Unit Ownership (Articles 46-14 to 52-2)
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 46-14第四十六条の十四Caption added
Authority, etc. of the Administrator of a Poorly Managed Common Area
Article 46-14, paragraph (1)（管理不全共用部分管理人の権限等）Authority, etc. of the Administrator of a Poorly Managed Common AreaAdded
The provisions of Articles 46-9 through 46-12 apply mutatis mutandis to an order for management of a poorly managed common area and an administrator of a poorly managed common area. In such a case, the term "poorly managed exclusively-owned area, etc." in those provisions is deemed to be replaced with "poorly managed common area, etc."; the term "exclusively-owned area" in Article 46-9, paragraph (1) is deemed to be replaced with "common area", and the phrase "movables on which the order has effect, rights related to the common areas and the attached facilities, the right to use the grounds" in that paragraph is deemed to be replaced with "movables on which the order has effect"; the term "exclusively-owned area" in paragraph (4) of that Article is deemed to be replaced with "common area", and the term "unit owner" in that paragraph is deemed to be replaced with "owner"; and the phrase "are borne by the owner of" in Article 46-12, paragraph (2) is deemed to be replaced with "are jointly and severally borne by the persons who co-own".
The association prescribed in Article 3 becomes a corporation by deciding, through a resolution at that it is to become a corporation and its name and office through a meeting resolution adopted by at a meeting at leastwhich a three-fourths majority of the unit owners and (excluding those who do not hold voting rights; hereinafter the same applies in this paragraph) (or, if a higher proportion is specified in the bylaws, at least that proportion), who hold a majority of the voting rights, that it (or, if a higher proportion is to become a corporation and its name specified in the bylaws, at least that proportion), are present, by at least a three-fourths majority each of the unit owners present and officeof their voting rights, and by completingmaking a registration in the locality of its principal office.
A corporation under the provisions of the preceding paragraph is called an "incorporated management association".
前項の規定による法人は、管理組合法人と称する。
Article 47, paragraph (3)（成立等）
Beyond what is provided for in this Act, Cabinet Order prescribes the necessary matters for the registration of an incorporated management association.
この法律に規定するもののほか、管理組合法人の登記に関して必要な事項は、政令で定める。
Article 47, paragraph (4)（成立等）
A matter that is required to be registered for an incorporated management association may not be asserted against a third party until after it has been registered.
管理組合法人に関して登記すべき事項は、登記した後でなければ、第三者に対抗することができない。
Article 47, paragraph (5)（成立等）
The meeting resolutions, the bylaws, and the acts performed within the scope of the duties of a manager before the establishment of an incorporated management association, become effective against the incorporated management association.
An incorporated management association acts as the agent of the unit owners in connection(or, with its administrative affairs. The same appliesregard to claims for and the receipt of insurance money based on a non-life insurance contract under the provisions of Article 18, paragraph (4) (including as applied mutatis mutandis pursuant, etc., of the persons who hold the right to Article 21), as well as compensation for damages arisingclaim insurance money, etc.; the same applies in that paragraph) in connection with a common area or co-owned grounds or attached facilities and monies to be returned due to unjust enrichmentits administrative affairs (including claims for and the receipt of insurance money, etc.; the same applies in paragraph (8)).
Pursuant to the provisions of the bylaws or meeting resolutions, an incorporated management association may be named as plaintiff or defendant for a unit owner, in connection with its administrative affairs (including the matters prescribed in the second sentence of paragraph (6)).
If an incorporated management association has been named as plaintiff or defendant pursuant to the bylaws underIn the cases set forth in the following items, the incorporated management association must notify the preceding paragraph, it must notifypersons 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 incorporated management association has been named as plaintiff or defendant in connection with its administrative affairs pursuant to the bylaws under the preceding paragraph: the unit owners;
if the incorporated management association 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 incorporated management association 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 provisions of Article 4 and Article 78 of the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006) apply mutatis mutandis to an incorporated management association, and the provisions of Article 16, paragraph (2) of the Bankruptcy Act (Act No. 75 of 2004) apply mutatis mutandis to an existing incorporated management association.
The provisions of Section 4 and the proviso to Article 33, paragraph (1) (including as applied mutatis mutandis pursuant to Article 42, paragraph (5) and Article 45, paragraph (4)) do not apply to an incorporated management association.
WhenFor the purpose of applying the provisions of the main clause of Article 33, paragraph (1) (including as applied mutatis mutandis pursuant to Article 42, paragraph (5) and Article 45, paragraph (4); hereinafter the same applies in this paragraph) apply to , Article 34, paragraphs (1) through (3) and paragraph (5), Article 35, paragraph (3), Article 38-2, paragraphs (1) and (3), Article 41, and Article 43 in the case where an incorporated management association exists, the phrase "by the term "manager" in those provisions (excluding the main clause of Article 33, paragraph (1) and Article 38-2, paragraph (1)) is deemed to be replaced with "by the director at", the office ofterm "by the incorporated management association", and whenmanager" in the provisions main clause of Article 34, paragraphs33, paragraph (1) through (3) and paragraph (5), Article 35, paragraph (3), Article 41, and Article 43 apply to it, is deemed to be replaced with "by the director at the office of an incorporated management association", and the term "manager" in those provisions Article 38-2, paragraph (1) is deemed to be replaced with "directorincorporated management association".
To apply the provisions of the Corporation Tax Act (Act No. 34 of 1965) and other laws and regulations related to corporation tax, an incorporated management association is deemed to be a corporation in the public interest, etc. prescribed in Article 2, item (vi) of that Act. This being the case, when the provisions of Article 37 of that Act apply, the phrase "corporation in the public interest, etc. (excluding" in Article 37, paragraph (4) of that Act is deemed to be replaced with "corporation in the public interest, etc. (excluding an incorporated management association"; and when the provisions of Article 66 of that Act apply, the term "ordinary corporation" in paragraph (1) of Article 66 of that Act is deemed to be replaced with "ordinary corporation (including an incorporated management association)", the phrase "excluding a mutual company as prescribed in the Insurance Business Act" in paragraph (2) of that Article is deemed to be replaced with "excluding a mutual company as prescribed in the Insurance Business Act, and including an incorporated management association", and the phrase "corporation in the public interest, etc. (excluding" in Article 66, paragraph (3) of the Act is deemed to be replaced with "corporation in the public interest, etc. (excluding an incorporated management association and".
To apply the provisions of the Consumption Tax Act (Act No. 108 of 1988) and other laws and regulations related to consumption tax, an incorporated management association is deemed to be a corporation set forth in the Appended Table No. 3 of that Act.
An incorporated management association must use the characters "管理組合法人" [transliterated as "kanri-kumiai-houjin" and meaning "incorporated management association"] in its name.
管理組合法人は、その名称中に管理組合法人という文字を用いなければならない。
Article 48, paragraph (2)
No person other than an incorporated management association may use the characters "管理組合法人" [transliterated as "kanri-kumiai-houjin" and meaning "incorporated management association"] in its name.
管理組合法人でないものは、その名称中に管理組合法人という文字を用いてはならない。
Article 48-2第四十八条の二
Inventory of Assets and Register of Unit Owners（財産目録及び区分所有者名簿）
Article 48-2, paragraph (1)
An incorporated management association must prepare an inventory of assets at the time of its establishment and also annually at a time between January and March, and must keep this at its principal office at all times; provided, however, that if an incorporated management association expressly establishes a business year, it must prepare an inventory of assets at the time of its establishment and at the end of each business year.
An incorporated management association must keep a register of unit owners and make the necessary changes to the register whenever there is a change in the unit owners.
An incorporated management association must have a director.
管理組合法人には、理事を置かなければならない。
Article 49, paragraph (2)
If there are multiple directors, an incorporated management association's administrative affairs are decided by the majority of the directors, unless otherwise provided for in the bylaws.
The director acts as the representative of the incorporated management association.
理事は、管理組合法人を代表する。
Article 49, paragraph (4)
If there are multiple directors, each director acts as a representative of the incorporated management association.
理事が数人あるときは、各自管理組合法人を代表する。
Article 49, paragraph (5)
The provisions of the preceding paragraph do not preclude an incorporated management association from designating a director to act as the incorporated management association's representative or from providing for multiple directors to jointly act as the incorporated management association's representatives in its bylaws or by resolution at a meeting, or from specifying that the director who is to act as the incorporated management association's representative is to be chosen by the election of a director by and from among the directors themselves under the provisions of the bylaws.
The director's term of office is to be two years; provided, however, that if the bylaws specify a different period of no longer than three years, that period is to be the director's term of office.
理事の任期は、二年とする。ただし、規約で三年以内において別段の期間を定めたときは、その期間とする。
Article 49, paragraph (7)
If there is a vacancy in the office of a director, or a shortfall in the number of directors as specified in the bylaws, a director who has retired due to expiration of their term of office or has resigned from their office is to perform the duties of a director until a newly appointed director (including a provisional director referred to in Article 49-4, paragraph (1)) assumes office.
The provisions of Article 25 apply mutatis mutandis to a director.
第二十五条の規定は、理事に準用する。
Article 49-2第四十九条の二
Director's Authority to Act as Agent（理事の代理権）
Article 49-2, paragraph (1)
A limitation on a director's authority to act as agent may not be asserted against a third party in good faith.
理事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 49-3第四十九条の三
Delegation of Director's Authority for Acts as Agent（理事の代理行為の委任）
Article 49-3, paragraph (1)
A director may delegate their authority to undertake a specific act as an agent to other persons, but only if that delegation is not prohibited by the bylaws or a meeting resolution.
If there is a vacancy in the office of a director and damage is likely to occur due to a delay in administrative affairs, the court must appoint a provisional director, at the request of an interested person or the public prosecutor.
Cases concerning the appointment of a provisional director are to be subject to the jurisdiction of the district court with jurisdiction in the locality of the incorporated management association's principal office.
仮理事の選任に関する事件は、管理組合法人の主たる事務所の所在地を管轄する地方裁判所の管轄に属する。
Article 50第五十条
Auditor（監事）
Article 50, paragraph (1)
An incorporated management association is to have an auditor.
管理組合法人には、監事を置かなければならない。
Article 50, paragraph (2)
An auditor may not concurrently hold the position of the director or employee of an incorporated management association.
監事は、理事又は管理組合法人の使用人と兼ねてはならない。
Article 50, paragraph (3)
The duties of an auditor are as follows:
監事の職務は、次のとおりとする。
Article 50, paragraph (3), item (i)
auditing the financial status of the incorporated management association;
管理組合法人の財産の状況を監査すること。
Article 50, paragraph (3), item (ii)
auditing the execution of duties by the directors;
理事の業務の執行の状況を監査すること。
Article 50, paragraph (3), item (iii)
giving reports to the meeting if the auditor finds a violation of laws and regulations or the bylaws, or a significant impropriety, with respect to the financial status or the execution of duties; and
convening a meeting if it is necessary for the auditor to give a report referred to in the preceding item.
前号の報告をするため必要があるときは、集会を招集すること。
Article 50, paragraph (4)
The provisions of Article 25, Article 49, paragraph (6) and paragraph (7), and the preceding Article apply mutatis mutandis to an auditor.
第二十五条、第四十九条第六項及び第七項並びに前条の規定は、監事に準用する。
Article 51第五十一条
Auditor's Authority to Act as Representative（監事の代表権）
Article 51, paragraph (1)
The auditor represents an incorporated management association in connection with a matter involving a conflict of interest between an incorporated management association and directors.
管理組合法人と理事との利益が相反する事項については、監事が管理組合法人を代表する。
Article 52第五十二条
Execution of Administrative Affairs（事務の執行）
Article 52, paragraph (1)
Beyond what is provided for in this Act, all administrative affairs of an incorporated management association are carried out based on meeting resolutions; provided, however, that except for matters concerning which this Act prescribes a special quorum for meeting resolutions and the matters prescribed in Article 57, paragraph (2), the bylaws may provide that matters are to be decided by the directors and other officers.
Article 52-2, paragraph (1)（区分所有権等の取得）Acquisition of Unit Ownership, etc.Added
If it is necessary in order to manage the building and its grounds and attached facilities, an incorporated management association may acquire the unit ownership of that building, or land that should be managed or used together with that building and the land on which that building is located, by a resolution adopted at a meeting at which a majority of the unit owners (excluding those who do not hold voting rights; hereinafter the same applies in 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 each of the unit owners present and of their voting rights.
Article 52-2, paragraph (2)（区分所有権等の取得）Acquisition of Unit Ownership, etc.Added
Even if an incorporated management association has acquired unit ownership pursuant to the provisions of the preceding paragraph, it does not hold voting rights at a meeting of that incorporated management association, notwithstanding the provisions of Article 38.