Setting Balcony Smoking Rules in a Japanese Condominium (2026): House Rules vs Management Rules

Why the balcony is the management association's business

In the MLIT model management rules, balconies are listed among the parts of the building not belonging to an exclusively owned unit — common property — while Article 14 recognises that unit owners hold an exclusive right of use over them (source: https://www.mlit.go.jp/jutakukentiku/house/jutakukentiku_house_tk5_000052.html). That dual character is the starting point. Because it is common property, how it is used is something the association may regulate. Because there is an exclusive right of use, restricting it touches daily life directly, so both the substance and the procedure deserve care. The commentary to Article 18 of those model rules states that smoking may be addressed in use regulations — whether it is permitted on common property, where, what residents must observe, and what measures follow a breach — and adds that smoking in a way that has regard to the surroundings is desirable for maintaining smooth communal living. It also notes that basic matters concerning the use of the exclusively owned unit itself, meaning the interior, should be set in the management rules rather than left to use regulations. That distinction decides which procedure you are in.

The thresholds, precisely

• Management rules — Article 31(1): quorum of a majority of unit owners holding a majority of voting rights; carried by three quarters or more of attending unit owners and of their voting rights. The rules may set a higher quorum
• Where the change would have a special effect on the rights of some unit owners, their consent is required (Article 31(1), second sentence)
• Ordinary resolutions — Article 39(1): decided by a majority of attending unit owners and of their voting rights, unless the Act or the rules provide otherwise
• Voting rights may be exercised in writing or by proxy, and those owners and votes count as attending (Article 39(2))
• The MLIT model rules mirror this: Article 47(2) for ordinary resolutions, Article 47(3) for special resolutions including amendment of the management rules
• Notice of a meeting must be given at least one week before the day of the meeting, stating the purpose and the outline of the proposals (Article 35(1)); only matters so notified may be resolved (Article 37(1))

The change of 1 April 2026 came from Act No. 47 of 2025, promulgated on 30 May 2025 (source: e-Gov https://laws.e-gov.go.jp/law/337AC0000000069). Much of the guidance circulating online still describes the pre-amendment threshold, so building a proposal on those figures risks misjudging what you need. Check the current text and your own building's rules.

Design the rule — and the alternative — together

The commonest failure is deciding a restriction without deciding where people go instead. The problem then relocates to the entrance, the edge of the site, or the public road. Article 27(2) of the Health Promotion Act in fact asks those who set aside places where smoking is possible to have regard to making them places that do not cause unwanted secondhand smoke (source: e-Gov https://laws.e-gov.go.jp/law/414AC0000000103). A practical answer is to post information about nearby designated smoking areas alongside the rule itself. You can check what exists around the building on the MottoSuitai smoking area map. Street smoking is restricted by local ordinance in many districts, sometimes with a fine, so review the guide to local street-smoking rules before pointing residents anywhere. For how the case law reads, see our balcony smoking case-law explainer; for the individual resident's route, see the step-by-step complaint guide.

Tenants are covered too

Article 46(2) of the Act on Building Unit Ownership provides that occupants bear the same obligations as unit owners with respect to the method of use of the building, its site and its appurtenant facilities, arising under the management rules or a resolution of the general meeting (source: e-Gov https://laws.e-gov.go.jp/law/337AC0000000069). So a new rule reaches tenants. Whether they actually know about it is a separate question: build the notification route — through the owners who let their units — into the plan, or the rule will exist on paper only. For general advice, the Mansion Management Center provides a consultation service for management associations and unit owners (https://www.mankan.or.jp/). This article does not determine whether any particular proposal or resolution is valid; consult a condominium manager or lawyer before proceeding.