What is the legal basis for housing in residential quarters not to seal balconies?

1. China's "General Principles of Civil Law" stipulates: "Property ownership means that all people have the right to possess, use, benefit and dispose of their own property according to law".

As the owner of the house, the owner has the complete right to possess, use, benefit and dispose of his house. He made necessary additions, decorations and renovations to his house, which is a manifestation of exercising the right of punishment, that is, the performance of exercising ownership.

2. The property management service contract and the owners' convention signed by the owners and the previous property have no legal effect, and they are unequal and unreasonable invalid contracts that have not been negotiated by both parties. The reason is that if the owner does not sign the property management service contract and the owners' convention, he will not get the key to his own property, so the contract is a overlord contract, which is invalid and not binding on the owner.

3. Owners and properties are the relationship between managers and consumers (owners). As the owner of the purchased house, the owner has exclusive ownership of the balcony and can use it independently.

4. The owner's acceptance of the management services of the property management company should be a consumption behavior and a natural person in a weak position.

The property management company belongs to an enterprise legal person, has independent property, enjoys civil rights in its own name and bears civil liabilities; As far as its nature is concerned, the property management company belongs to the service industry, and its legal relationship with the owner is the relationship between the server and the client, that is, the relationship between the property management manager and the consumer. The rights and obligations of both parties shall be adjusted and protected by relevant consumer rights protection laws.

5. To sum up, the commercial housing sales contract and the property management service contract signed by the owners at that time were standard contracts, citing Article 39, paragraph 2, and Article 41 of People's Republic of China (PRC) Contract Law, especially Article 24 of People's Republic of China (PRC) Consumer Protection Law. "Operators shall not use standard contracts, notices, statements or shop notices. The format contracts, notices, statements and shop notices listed in the preceding paragraph are invalid.

6. The main responsibility of a property management company is to supervise the property management of building owners in the absence of clear provisions in the current laws. Whether to close the balcony is the owner's right, and the property management contract should not be stipulated. Therefore, the use of the closed balcony that does not extend outward should be recognized as a legitimate act that does not infringe on the interests of other owners.