Japan’s Condominium Ownership Act (建物の区分所有等に関する法律 — literally “Act on Building Unit Ownership, etc.”) was substantively revised in 2026, with the amended provisions taking effect from 1 April 2026 (令和7年法律第47号).
For overseas owners of strata-titled condominiums (分譲マンション — privately-owned apartment units within multi-owner buildings) in Japan, these amendments directly affect how ordinary and special resolutions are passed at owners’ meetings, how rebuilding decisions are made, and when the new domestic manager requirement applies.
This article addresses the four areas most relevant to overseas owners: ordinary resolution voting, special resolution two-stage requirements, rebuilding resolution thresholds, and the domestic manager obligation under the new Article 6-2. It does not cover the general process of purchasing Japanese condominium property.
All content is based on the official amended statutes and ministerial notifications effective 1 April 2026.
Ordinary Resolutions: Quorum Now Based on Attending Owners, Not All Owners
Under the revised Article 39 of the Condominium Ownership Act, ordinary resolutions at owners’ meetings are now passed when a majority of attending owners (by headcount) AND a majority of their combined voting rights both approve — where the denominator is owners actually attending the meeting with valid voting rights, not all owners.
In practical terms, the denominator has shifted. Previously, the quorum was calculated against all owners. Under the revised Act, only attending owners with valid voting rights count toward the denominator for ordinary resolutions.
What this means for overseas owners. If you are not present, do not submit a proxy vote, or miss a written ballot deadline, your absence carries greater weight under the new framework. Because resolutions are approved relative to attending owners only, a smaller group of attendees can pass motions without the participation of the majority of all owners.
Overseas owners should confirm with their owners’ management association (管理組合) the following:
- The building’s current by-laws (管理規約) and meeting procedures
- How meeting notices are sent to overseas addresses
- Available participation methods: in-person attendance, proxy voting (委託代理), written ballot (書面表決)
- Any provisions for online attendance or electronic voting
Confirm your participation options before the next owners’ meeting rather than after a resolution has already passed.
Special Resolutions: Two-Stage Voting for Major Decisions
For three categories of significant decisions, the revised Act introduces a two-stage requirement:
Stage 1 — Attendance threshold: More than half of all owners entitled to vote must attend the meeting before any vote on the matter is counted. If Stage 1 is not met, Stage 2 cannot proceed — even if every attending owner votes in favour.
Stage 2 — Approval threshold: Of those who have met Stage 1, at least 3/4 by headcount AND at least 3/4 by combined voting rights must approve.
Whether written ballots or proxy votes count towards the Stage 1 attendance threshold depends on your building’s by-laws (管理規約) and actual meeting procedures. Confirm this with your management association before an affected meeting takes place.
The three categories subject to two-stage special resolutions are:
Major Alterations or Modifications to Common Areas (Article 17)
Under Article 17, major works to common areas require the two-stage special resolution process. A building’s by-laws may lower the 3/4 approval threshold in Stage 2, but cannot lower it below 1/2. The Stage 1 attendance threshold — more than half of all owners entitled to vote must attend — cannot be waived by any building’s by-laws.
Creation, Amendment, or Abolition of the Building By-laws (Article 31)
Under Article 31, any change to the building’s formal by-laws (管理規約) also requires the two-stage process. By-law amendments affect governance, cost-sharing, use of common areas, and owner obligations — including domestic manager requirements. Overseas owners should pay particular attention to proposed by-law amendments.
Incorporation of the Management Association as a Legal Entity (Article 47)
Under Article 47, the incorporation of the owners’ management association (管理組合) as a formal legal entity follows the same two-stage framework.
Practical note for overseas owners
The Stage 1 attendance threshold means your participation in major decisions matters more than it might under a simple majority system. If you cannot attend in person, contact your management association well in advance to understand available options and confirm — with the management association — which participation methods apply under your building’s actual procedures.
Rebuilding Resolutions: The Default Threshold Is 4/5 — and That Difference Matters
Rebuilding resolutions operate under a separate framework from ordinary and special resolutions. The two-stage mechanism does not apply to rebuilding decisions.
General rebuilding threshold
Under revised Article 62, a rebuilding resolution requires approval by 4/5 or more of all owners entitled to vote (by headcount) AND 4/5 or more of total voting rights combined.
The denominator here is all owners entitled to vote — not just those who attend the meeting. This means owners who do not attend, do not submit ballots, or miss submission deadlines effectively count against the resolution reaching the required threshold.
Reduced threshold of 3/4 in specific conditions
Under Article 62(2), the required threshold may be reduced from 4/5 to 3/4 when the building meets one of five specific structural or safety deficiency conditions. Each condition requires formal professional certification against official technical standards:
- Failure to meet Japan’s current seismic safety standards (耐震基準)
- Failure to meet current fire safety standards
- Exterior walls or structural components at risk of collapse or falling
- Severe degradation of building systems posing sanitary or safety risks
- Failure to meet barrier-free accessibility standards
None of these five conditions can be self-assessed by individual owners or the management association. Each requires formal determination against the official technical criteria jointly established by the Minister of Justice and the Minister of Land, Infrastructure, Transport and Tourism, including Ministry of Justice Notification No. 21 (法務省告示第21号), which took effect on 1 April 2026.
Building age, cosmetic condition, or informal inspections are not sufficient grounds for claiming the reduced threshold. If someone tells you the rebuilding threshold for your building has been lowered to 3/4, ask to see the official technical certification supporting that claim before acting on it.
The Domestic Manager Requirement: Based on Whether the Owner Has a Domicile or Place of Residence in Japan
The revised Act introduces a new Article 6-2, which establishes a domestic manager (国内管理人) requirement for condominium owners who do not have a domicile or place of residence in Japan.
What triggers the requirement
The trigger for this obligation is whether you have a domicile or place of residence (住所または居所) in Japan — not your nationality or the type of passport you hold.
- A foreign national who maintains a valid domicile or residence in Japan may not be subject to this requirement.
- A Japanese national living permanently overseas who has no domicile or place of residence in Japan may be subject to this requirement.
The determining factor is whether the owner has a domicile or place of residence in Japan — not nationality.
This is one of the most commonly misunderstood aspects of the amendment. It cannot be simplified to “all overseas owners must appoint a domestic manager” — the obligation depends on each owner’s individual domicile or place-of-residence circumstances.
Whether the requirement applies to you will depend on your personal circumstances, your domicile or place-of-residence status, and your building’s by-laws. Consult a qualified Japanese attorney (弁護士) or other appropriately qualified professional to assess your specific situation.
Your building’s actual by-laws — not the model rules
The Ministry of Land, Infrastructure, Transport and Tourism (MLIT — 国土交通省) publishes Model Condominium Management Rules as a reference template for management associations. This template does not automatically apply to your building.
Your building’s actual obligations are defined only by the by-laws (管理規約) formally adopted by your owners’ management association at a properly convened meeting. Do not rely on the MLIT model rules — contact your management association (管理組合) directly to obtain the current by-laws applicable to your building.
This article does not cover the legal consequences of failing to comply with the domestic manager requirement or the specific scope of a domestic manager’s authority. For these matters, consult a qualified Japanese attorney.
Self-Check for Overseas Owners
Use this as a starting point. Work through each item with your management association (管理組合) or a qualified Japanese professional.
Domestic manager obligation
- Confirm whether you have a domicile or residence in Japan, and whether the new Article 6-2 requirement applies to your situation.
- Request the current formal by-laws from your management association and check whether and how the domestic manager requirement is implemented in your building.
Meeting participation
- Verify that your management association has your current overseas address, email, and phone number on file.
- Understand the available participation methods for owners’ meetings: in-person attendance, proxy voting (委託代理), written ballot (書面表決).
- Confirm with your management association whether proxy votes or written ballots count toward the attendance threshold under your building’s actual procedures.
Upcoming resolutions
- If your building is planning major common-area works, by-law amendments, or incorporation of the management association, confirm which voting framework applies and whether the two-stage special resolution requirement will apply.
- Verify your personal vote share and the calculation basis used for your building.
Rebuilding risk
- If your building is older or has been subject to structural discussions, request any relevant long-term maintenance plans (長期修繕計画), seismic safety assessments (耐震診断), and repair reserve fund (修繕積立金) statements.
- Confirm whether any formal professional certification has been made regarding the building’s condition relative to the five statutory criteria for a reduced rebuilding threshold.
Frequently Asked Questions
Q1: Is the quorum calculation the same for ordinary resolutions and special resolutions?
No. For ordinary resolutions, the quorum is calculated against attending owners with valid voting rights — a majority of attendees (by headcount and voting rights combined) is required.
For special resolutions covering major common-area alterations, by-law changes, and management association incorporation, a two-stage process applies: first, more than half of all owners entitled to vote must attend (Stage 1); then, at least 3/4 of those attending by headcount and voting rights must approve (Stage 2). The two frameworks have different denominators and different thresholds.
Q2: Does the domestic manager requirement only apply to non-Japanese owners?
No. The obligation applies based on whether the owner has a domicile or place of residence in Japan — not their nationality. A foreign national who maintains a domicile or residence in Japan may not need to appoint a domestic manager. A Japanese national living permanently overseas with no domicile or place of residence in Japan may need to appoint one. Consult a qualified Japanese attorney (弁護士) or other appropriately qualified professional to assess your specific situation.
Q3: Has the rebuilding vote threshold been lowered to 3/4 for all buildings?
No. The general rebuilding threshold remains 4/5 of all owners entitled to vote (by headcount and voting rights). The reduced 3/4 threshold applies only when the building formally meets one of five specific structural or safety deficiency conditions, each requiring certification against official technical standards published in Ministry of Justice Notification No. 21 (法務省告示第21号). Building age or cosmetic condition alone does not qualify.
Questions About Your Situation
If you have questions about how the 2026 amendments apply to your specific building or ownership circumstances, use Ask Zagdim to describe your situation. If you need help identifying which qualified Japanese professionals — including attorneys (弁護士), judicial scriveners (司法書士), or building advisers — may be relevant to your situation, include that question when you describe your situation through Ask Zagdim.
Disclaimer
This article is based on the official Japanese statutes, ministerial notifications, and related documents effective 1 April 2026 (令和7年法律第47号; Articles 6-2, 17, 31, 39, 47, 62; 法務省告示第21号). It is for general information only and does not constitute legal, financial, tax, or investment advice.
The practical application of these amendments may differ depending on each building’s formal by-laws (管理規約), individual ownership shares, building condition, and each owner’s personal circumstances regarding domicile or place of residence.
Before taking any action based on this article — including decisions about legal compliance, property management, investment, or asset disposition — consult a qualified Japanese attorney (弁護士), judicial scrivener (司法書士), building professional, or other authorised adviser based on your specific circumstances.
Sources
- Ministry of Justice, Japan: 令和7年法律第47号, amending 建物の区分所有等に関する法律 and related laws
- e-Gov Law Search: 昭和37年法律第69号 建物の区分所有等に関する法律, as amended in 令和7年 — Articles 6-2, 17, 31, 39, 47, 62
- 法務省告示第21号, effective 1 April 2026
- Ministry of Land, Infrastructure, Transport and Tourism (MLIT): マンション標準管理規約 — refer to the latest official published version
