Leakage from Common Areas Can Be Claimed Against the Management Association: Recognized as the “Occupant” of a Land Structure Under the Civil Code

In two lawsuits disputing whether a unit owner who suffered damage to their private unit due to water leakage from a common area can claim compensation from the management association, the Supreme Court’s First Petty Bench ruled on January 22 that the management association “has a duty to control and manage the common areas,” and should be regarded as the “occupant” of a land structure under Article 717 of the Civil Code. In other words, damage caused by leakage from common areas may be claimed against the management association. Source
Because the Tokyo High Court had previously held that the association bore no liability, the Supreme Court remanded the case to the High Court to determine the amount of damages.
The cases involved condominiums located in Shinjuku Ward and Nerima Ward, Tokyo. In each case, unit owners filed claims for damages against the management association, alleging ceiling leaks caused by cracks in exterior walls (common areas). Source
The associations argued that if they were held liable, funds for management would be depleted and necessary repairs would become difficult. However, the Supreme Court accepted the unit owners’ argument that if such claims were not allowed, they would effectively have to sue all unit owners individually, making it practically impossible to exercise the right to seek compensation.
From the perspective of the National Building Investigation and Diagnosis Center as well, if the High Court ruling had stood, there was concern that an irrational belief—such as “poor management of common areas is not the management association’s responsibility”—could spread. For that reason, this Supreme Court decision is considered highly reasonable.
On the other hand, if a management association fails to manage properly—especially in older condominiums—claims for damages against associations may increase, potentially consuming association assets, as the associations had argued. Preventing disputes like this ultimately requires each unit owner to take responsibility for building maintenance and work to improve management standards.
Ministry of Finance Promotes Enrollment in “Earthquake Insurance” for Condominium Management Associations

The Ministry of Finance, which operates the “Earthquake Insurance System” jointly with non-life insurance companies, is promoting enrollment in earthquake insurance for condominium management associations.
In standard comprehensive condominium insurance (fire insurance), insurance payments for damage caused by earthquakes and similar events are typically excluded. Therefore, even if common areas are damaged by an earthquake, fire insurance will not pay out, and the association must cover restoration using its own assets.
If the association lacks sufficient assets, recovery will be delayed, increasing the risk that the building may fall into a state of poor management. Assuming major earthquakes, the Ministry of Finance is encouraging earthquake insurance as a way to secure recovery funds and prepare financially.
Links (as shown on the page)
*Cabinet Office, Government Public Relations Online
"To help rebuild lives after a disaster. Prepare for emergencies with earthquake insurance."
//www.gov-online.go.jp/article/201701/entry-9333.html
*The General Insurance Association of Japan Earthquake Insurance Special Site
//www.jishin-hoken.jp
Condominium Supply Up 2.2% to 23,000 Units; Average Price in Tokyo’s 23 Wards Remains Extremely High at ¥133.66 Million
Real Estate Economic Institute, Inc. has compiled and released its condominium market forecast for the Tokyo and Kinki regions for 2026.
In the Tokyo region, 16,494 units are expected to be supplied from January to November 2025, adding to the December forecast of approximately 6,000 units for a total supply of approximately 22,500 units. This is expected to increase by 500 units (2.2%) to 23,000 units in 2026.
By region, Tokyo's 23 wards are expected to increase by 2.7% in 2025 and decrease by 5.9% in 2026, while Tokyo's suburbs are expected to see significant increases of 47.0% and 33.3%, respectively.
In terms of price trends, the average price in Tokyo's 23 wards for 2025 (January to November) is expected to be 133.66 million yen, with the price per square meter reaching 2,087,000 yen, continuing to set "record highs."
In other areas, with the exception of a slight increase in Chiba, year-on-year increases were all over 10% to 20%.
The Real Estate Economic Institute stated that "rising interest rates, as well as restrictions on speculative purchases, including by foreigners, may have an impact on sales trends," but also pointed out that "systems to reduce payments, such as the extension of mortgage tax deductions, 50-year loans, and residual value loans, are factors that will push up sales."
The institute also commented that "unit prices have risen by more than 90% since the start of Abenomics (2013), and there are concerns about this impact on sales trends."
The number of companies supplying condominiums was 87, down by one from last year.
Fluorescent lamps will be discontinued in 2027, and LED lighting prices will rise.

Following the decision of the Conference of the Parties to the Minamata Convention, the manufacture, import, and export of fluorescent lamps, which contain mercury, will be gradually restricted starting in January 2026. Restrictions on compact fluorescent lamps began on January 1, 2026.
Price increases and shortages of fluorescent lamps are expected in the future, and LED lighting is also expected to increase in price due to increased demand.
While the continued use of products already in use is not prohibited, once production, import, and export end, inventory will inevitably decrease. The Ministry of Economy, Trade and Industry and the Ministry of the Environment are promoting the systematic conversion of facilities that use fluorescent lamps to LED.
In condominiums, it is recommended that lighting in common areas such as corridors and entrances be converted to LED as soon as possible. The same goes for emergency lighting fixtures, which are required by the Building Standards Act.
The 2027 fluorescent lamp issue is an urgent issue that cannot be postponed.
Transcript of the 78th Management Association Online Seminar Part 3

第78回管理組合オンライン・セミナー採録Part.3
「AIによる長期修繕計画見直しサービス」スタート
講師 全建センター・長期修繕計画担当相談員兼理事・水島一氏(マンション管理士)
//zenken-center.com/78sm
Launch of "AI-Based Long-Term Repair Plan Review Service"
The National Building Inspection and Diagnostic Center will soon be launching a "Condominium AI-Based Long-Term Repair Plan Review Service." To mark the launch of this service, I would like to first explain the background to the service and why we chose "AI and long-term repair plans."
Why AI and Long-Term Repair Plan Review?
Our center has been focusing particularly on "Condominium AI®."
What is the background to this?
In recent years, residents have been aging, and condominiums themselves are aging. Furthermore, repair costs are rising daily, putting strain on management association budgets.
We believe that future repair work and future long-term repair plans require rational review using data, which is why we launched this service.
In most condominium associations, long-term repair plans are likely prepared by management companies or design firms, but we believe the problems with current long-term repair plans can be summarized as follows:
- Dependence on the plan creator's "experience" and "intuition"
- Repair cycles are set uniformly
- Inconsistency with the actual conditions of the condominium
The above are common issues we encounter in our consultations. I think the biggest problem is that it depends on the ability of the builder, and although the repair cycle follows guidelines from the Ministry of Land, Infrastructure, Transport and Tourism, it does not match the actual situation of condominiums and is in reality just a pipe dream.
What AI Can Do
AI is currently spreading across a variety of fields.
In this industry, and especially in long-term repair planning, there are three things we look for in AI:
1. Deterioration Trend Analysis: Learns the rate of deterioration from past data
⇒ Able to determine the optimal repair timing
2. Cost Forecasting: Predicts fluctuations in material and construction costs
⇒ AI is constantly learning, so it obtains the latest information
3. Optimal Scheduling: Automatically optimizes repair timing
⇒ Multiple options can be proposed
First, AI analyzes and tracks deterioration trends. AI is constantly learning and growing every day.
For example, it can learn the rate of deterioration from past data and use that information to determine the optimal repair cycle for each apartment building.
When it comes to cost forecasting, material and construction costs change daily. Unit prices may look completely different by this time next year, but as I mentioned earlier, AI is constantly learning, so it will be able to obtain the latest information.
The third and most important feature is optimal scheduling.
Earlier, I mentioned that long-term repair plans are set up in a uniform manner, but what if the plan does not match the actual conditions of the apartment building? Then, what is the best time to carry out repairs? I think that combining the deterioration trend analysis in 1 and the cost forecast in 2 to come up with an optimal schedule is something that is highly required for each apartment building.
For example, rather than deciding to carry out major repair work because the building is 12 years old, what is the best time to do it for your apartment building when you consider the deterioration phenomenon and costs? It is possible to ask AI for multiple patterns of repair timing.
AI Implementation Steps
① Data Collection (Inspection Records, Repair History, Material Costs)
AI learns the management association's past repair history, records of various statutory inspections, and actual construction unit costs.
② AI Construction (Deterioration and Cost Prediction)
This learning process is used to build an AI that predicts the costs of deterioration and other issues.
③ Scenario Simulation (Period and Cost Comparison)
By comparing cycles and costs, several scenarios are proposed. Various scenarios can be simulated.
④ Optimization Proposal (Repair Priority and Budget Allocation)
In the optimization proposal, we use the AI to determine the best timing based on the scenario simulation and provide a final proposal to the management association.
Example of Repair Cost Review
Although it's still in the testing phase, please take a look at the graph. This is an example of the repair cost review being implemented at our center.
While it says 20 years from now, imagine that this is an apartment building that has just undergone its first major renovation, and is currently 15 years old. In 20 years, it will be 35 years old.
A 35-year-old building will include various facility-related construction work, but comparing the traditional long-term repair plan with the AI-reviewed simulation reveals considerable variation in costs.
Using AI certainly enables optimization. This test simulation also reduces costs by postponing and dispersing construction work.
Expected Benefits of AI and Long-Term Repair Plans
Improved accuracy of repair cost forecasts
Earlier identification of the risk of insufficient repair reserve funds
Efficient creation of long-term repair plans
Smoother consensus building (quantification)
Future benefits of AI include improved accuracy and a higher level of repair cost forecasts. Also, early identification of the risk of insufficient repair reserve funds. For example, we will seek early identification of the amount and timing of price increases.
Furthermore, creating long-term repair plans has been extremely time-consuming and burdensome, but we will streamline this process.
Finally, smoother consensus building. AI creates plans from a numerical and logical perspective, eliminating potential conflicts within management associations. Quantification makes it possible to provide clear explanations.
As for the future development of our AI long-term repair plan review service, we will further improve accuracy by integrating it with cloud AI (Power BI, ChatGPT).
By doing so, the system will continuously learn, leading to ever-increasing accuracy.
As accuracy improves, data will be standardized and shared, and collaboration will be possible, so we would like to further develop our AI long-term repair planning service while drawing up this roadmap.
I would like to ask those who attended this seminar today to take what they learned back to their own management associations and boards of directors, and if necessary, I would be happy to visit you in person to explain the process.
First of all, thank you very much for listening to the end today.
Ask this person: Masayoshi Tsurutani, President of Tokyo Tornado Co., Ltd.
In older apartment buildings over 35 years old, management associations often conduct surveys and diagnoses to determine the lifespan of aging pipes due to leaks and other issues. As a result, when it comes to renovations, the choice between renewal and rehabilitation is considered, but there are cases where renewal is difficult, such as when pipes are embedded in the building's structure. We spoke with Masayoshi Tsurutani, president of Tokyo Tornado Co., Ltd., a water supply and drainage pipe rehabilitation specialist with a track record of over 990 projects and 73,800 households, about his company's efforts in drainage pipe rehabilitation work.
-I heard that over 90% of your orders come directly from management associations.
When your company was first founded, drainage pipe rehabilitation work wasn't yet established in the industry, and you didn't have much experience maintaining apartment buildings or buildings.
So you operated under management companies and general contractors, but over the past 7-8 years, you've established yourself as a company, worked on properties with over 300 units, and your name has gradually grown. This has allowed you to speak directly with management associations.
You could say that starting out as a subcontractor, your on-site capabilities have improved, and direct orders have increased.
-Why do management associations choose rehabilitation work?
Compared to replacing pipes, rehabilitation work has the advantage of reducing costs by eliminating the need for large-scale demolition work like tearing down walls and removing floors. However, I believe that the reason management associations choose rehabilitation work isn't actually because of the money; rather, in many cases, it's because the relationship between the board of directors or repair committee and us salespeople leads to the decision.
As the representative, I also visit apartment buildings to explain things directly, and I believe we've earned their trust through repeated conversations.
Another reason we are chosen is our thorough after-sales support, which prevents various problems before they occur, including 24/7 troubleshooting and a 10-year warranty on our in-house developed drainage pipe rehabilitation method, the "Tornado Method."
The "Tornado Method" is a one-piece construction method that installs vertical pipes in common areas and horizontal pipes in private areas, and is guaranteed.
--Do you have any advice for management associations?
Unlike exterior walls, ironwork, and waterproofing, pipes are part of the inside of an apartment building (the invisible part).
For this reason, it is difficult to know how far deterioration has progressed. It is only after a water leak that you become aware of the problem, but even one water leak can make you think, "Maybe everything is to blame?"
Before deciding whether or not to carry out work, we recommend conducting what we call a "health check" as soon as possible. By conducting a pipe inspection and diagnosis, you can plan when and what method will be used.
We will make proposals tailored to the circumstances of each apartment building.
-How do you feel about the management association's evaluation of your work?
Looking at the post-construction surveys, we've seen comments like, "The workers were very accommodating" and "They greeted residents properly."
Because we're "working while residents are still living in the building," we've always made sure our on-site workers greet residents. The fact that this is reflected in the surveys means that it's not just one or two workers who are exceptional, but that everyone practices it.
When we can properly interact with residents in this way, it feels like our on-site staff are gaining strength.
-Finally, please tell us about Tokyo Tornado's future aspirations.
We expect there will be an increasing need for drainage pipe repairs in tower apartment buildings.
We can imagine that the structure of tower apartment buildings will make it impossible to replace or update pipes in some cases. For this reason, we would like to research the piping systems of such tower apartment buildings and build up a track record.
The management association is ordered to surrender the exclusive parking lot rights claimed by the developer.

July 30, 2010, Fukuoka High Court
[Case Summary]
This apartment complex, which began sales in 1990 and contains 48 units and 7 stores, had 37 parking spaces. However, the developer allowed third parties to use the spaces without permission and collected usage fees.
At an extraordinary general meeting in December 2006, it was confirmed that the parking spaces were shared by all unit owners. The management association (plaintiff) voted to amend the management regulations to lease the parking spaces to unit owners and collect usage fees.
In August 2008, the management association filed suit against the developer and others (defendants), seeking (1) damages equivalent to parking fees for tort and (2) the vacating of the occupied parking spaces based on ownership rights.
The defendants argued that the important matters explanation document and the agreement approval document clearly stated that the 12 units were owned by the seller and that the land in front of the store was exclusive free of charge. Therefore, the 2006 amendment to the agreement violated Article 31 of the Condominium Act, which states, "When a special impact is expected to be exerted on the rights of some unit owners, their consent must be obtained." The resolution was therefore invalid.
[Appeal Court Decision]
(1) Claim for Damages Based on Tort
The important matters explanation document, which includes an explanation of the parking lot rights under the heading "Provisions of the Agreement, etc. Concerning Exclusive Use Rights," constitutes an explanation of the contents of the original agreement. The defendants' signatures on the important matters explanation document negate the defendants' exclusive use rights, regardless of the original agreement. Furthermore, the agreement approval document was found to be missing five units (a procedural deficiency), and the written consent of all unit owners was deemed inadmissible.
Furthermore, the court ruled that the 2006 amendment to the agreement did not have a "special impact" because the defendants did not originally have exclusive use rights, and acknowledged the tort that occurred from that date.
However, with regard to the occupation prior to the revision of the regulations, the defendants' collection of usage fees was approved by all condominium owners, and the defendants were occupants in good faith (Article 189, Paragraph 1 of the Civil Code). While it cannot be said that there were no procedural irregularities or negligence, the court ruled that "they did not have a significant impact on the management and operation of the condominium," denying the establishment of unjust enrichment.
(2) Eviction of Parking Lot
The defendants appealed, adding a claim that the exclusive use right had expired due to prescription, but as stated above, the court ruled that "it cannot be said that there were no procedural irregularities or negligence," and therefore denied the claim, stating that "the prescription period has not yet expired." The court ruled that the eviction was allowed.
*The plaintiff and defendant appealed, but the defendants withdrew their appeal.
Reference
Civil Code Article 189 (Acquisition of Fruits by a Possessor in Good Faith, etc.)
A possessor in good faith acquires the fruits accruing from the possessed thing.
Civil Code Article 190 (Return of Fruits by a Possessor in Bad Faith, etc.)
A possessor in bad faith is obligated to return the fruits and to reimburse the price of any fruits that have already been consumed, negligently damaged, or neglected to collect.
April 1, 2026: The new Condominium Act will come into effect. Pay attention to the procedures for convening general meetings that will accompany amendments to the bylaws.

Amendments to the Condominium Act were enacted on May 23rd of last year.
They will come into effect on April 1st of this year. This is the first major revision in 23 years, and in conjunction with this amendment, amendments to the Standard Condominium Management Regulations were published on October 17th of last year.
The primary purpose of these amendments to the Standard Condominium Management Regulations is to respond to the amendments to the Condominium Act, meaning that the management regulations of each condominium must reflect these changes.
The table below lists the major changes to the 2025 Standard Condominium Management Regulations. We will not go into detail here, but please note that items marked with a * may conflict with the new Condominium Act if the management regulations of each condominium are not revised.
This means that some management regulations will become invalid with the enforcement of the new Condominium Act.
For this reason, the Ministry of Land, Infrastructure, Transport and Tourism has produced a pamphlet to clearly explain the contents of the amendments to the Standard Condominium Management Regulations and the need for revisions to management regulations for each condominium. It can be downloaded from the link below.
Link: //www.mlit.go.jp/jutakukentiku/house/content/001971489.pdf
◇
Next, in preparation for the implementation of the New Condominium Ownership Act, there are some things that condominiums should be aware of when convening general meetings, which involves revising management regulations.
Please see the table below for points to note when convening general meetings. There are two main patterns.
Pattern 1 is "procedures in accordance with the current regulations," in which the general meeting convening notice is sent out by March 31, 2026, before the New Condominium Ownership Act comes into effect.
Naturally, this pattern 1 is subject to the current Condominium Ownership Act. It cannot be decided by majority vote of those in attendance, as it is the same as the current law.
Next is Pattern 2. If the general meeting convening notice is sent out after April 1, 2026, and procedures are followed in accordance with the New Condominium Ownership Act, the provisions of the New Condominium Ownership Act will take effect, not the quorum and voting requirements of the current regulations. In pattern 2, it is OK to pass the resolution by majority vote of those in attendance.
Next, although not shown in the table, there is pattern 3, where the convocation notice is sent before April 1st, but the general meeting is held after April 1st.
This is very confusing, but if the convocation notice for the general meeting is sent before April 1st, the rule is that the current Condominium Act applies.
Even if the general meeting is on April 15th, if the convocation notice is sent out by March 31st, the resolution cannot be passed by "majority vote of those in attendance."
If the convocation notice for the general meeting is sent by March 31st, the old law applies, so if you state that "the management regulations were changed by majority vote of those in attendance," the general meeting resolution will be invalid, so you need to be careful.
So, keep in mind that pattern 1 and these two patterns are subject to the old law.
Furthermore, let's say the convocation notice for the general meeting is sent by March 31st, the general meeting is held by March 31st, the old law applies, and the management regulations are amended to comply with the new Condominium Act.
In other words, if a general meeting were held by March 31st, the regulations were revised in accordance with the current management regulations under the old law, and a majority vote rule was established there, the invalid management regulations would take precedence because the new law has not yet come into effect.
In this case, the management regulations could be supplemented with a clause stating that they will "take effect from April 1, 2026." This would allow the revised regulations to take effect on April 1st, and the new law would also come into effect at the same time, ensuring a smooth start.
◇
With the new law coming into effect on April 1st, I hope that there will be no confusion and no procedural flaws at that time.
<Zenken Center/Large-Scale Repair Works Newspaper Editorial Board, February 2, 2026>
How to Use "Mansion AI" ⑥ Consult "Mansion AI" and get in touch with "Mansion AI"!

Let's consult with "Condominium AI"!
Currently, Zenken Center's "Condominium AI" is receiving questions from many condominium directors and association members, and there are actual examples of Condominium AI answering those questions.
In this section, we will introduce actual examples of management associations that have been using "Condominium AI" over the past few months.
[Supervised by] Shigeyuki Sato, Chief Director of Zenken Center
Q Is it okay to paint iron parts at the same cycle as large-scale repair work?
A
The painting cycle for iron parts does not necessarily have to coincide with the cycle for major repair work. For the following reasons, it is common to schedule iron painting on its own schedule.
1. Iron Parts Deteriorate Rapidly
Iron parts are prone to rust and corrosion, so they require maintenance more frequently than other parts, such as exterior walls and roof waterproofing.
According to FAQ search results, the average time for iron part painting is approximately every 8.7 years, with the most common being the fifth or sixth year.
In contrast, major repair work is generally carried out every 12 to 16 years.
2. Balancing Cost and Efficiency
If iron parts are painted on the same schedule as major repair work, they may deteriorate too much, resulting in increased repair costs. Furthermore, advanced deterioration can affect safety, so painting at the appropriate time is important.
3. Example from the Orarion Site
The provided web article states that the Orarion site "focuses on painting iron parts to remove rust every five years." This allows for long-term maintenance and management that allows for major repairs as soon as 30 years after construction.
4. Flexibility in Long-Term Repair Planning
In long-term repair plans, it is recommended to plan short-term repairs, such as painting ironwork, separately.
Book search results indicate that "it is important to include each repair item in the long-term repair plan."
Conclusion
It is appropriate to plan painting ironwork separately from major repairs, on a short-term basis of about every 5 to 8 years. This will help reduce long-term repair costs while maintaining the safety of the building.
winter care

The harmony of yin and yang is fundamental to traditional Chinese medicine health care. In traditional Chinese medicine, people and nature are considered to be one, cooperating and influencing each other.
Yin represents cold, quiet, feminine, night, and the cold winter season, while yang refers to warm, active, masculine, daytime, and the warm summer season.
In summer, to prevent the body's yang energy from becoming too strong, the pores open to make it easier to sweat, cooling the body and suppressing yang energy. Conversely, in winter, the sweat glands close to regulate body temperature and preventing the leakage of yang energy. If this does not work properly, you may catch a cold or suffer from various autonomic nervous system problems.
This winter, the temperature difference between daytime and morning and evening is greater than usual, and extremely cold air is expected to move south regularly, so be sure to protect yourself by making good use of foods that increase the body's yang energy.
Recommended foods for warming the body include ginger, green onions, chives, nutmeg, cinnamon, chili peppers, lotus root, Chinese yam, and other root vegetables, as well as dried foods such as dried daikon radish, dried shiitake mushrooms, yuba (bean curd skin), koya tofu, and dried wakame seaweed.
This month's food medicine is star anise! Food medicine is an ingredient that has medicinal effects. Star anise is named after the eight parts of its fruit. It has powerful antiviral properties and is also famous as an ingredient in the flu medication Tamiflu. It warms the body and helps fight off viruses, so if you're feeling a bit under the weather, it's good to use it in braised pork or boiled eggs to ward off evil spirits. Star anise pairs well with a sweet, strong soy sauce, which gives it a unique Taiwanese flavor.
This month's acupressure point is Guanyuan! Located four fingers below the navel, this acupressure point gathers energy.
It's effective for cold sensitivity, menstrual pain, urinary problems, diarrhea, and swelling. Warming it thoroughly with a moxa heater or other device can help relieve body chills and fatigue.
(Pharmacist, International Chinese Medicine Practitioner, International Medicinal Diet Practitioner, Rie Takada)
<Interesting Column Provided by>//omosiro-column.com/

The 79th Management Association Online Seminar will be held on Sunday, February 22nd.
For more information about this seminar and to register, please click here (click the banner or URL to open the dedicated website).











































