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Is it legal for the property not to seal the balcony?
1. If the balcony belongs to the exclusive part of the owner's house and does not belong to all owners, and the property has no right to restrict the owner from closing the balcony without endangering the safety of the building or damaging the legitimate rights and interests of other owners. According to the provisions of Articles 73 and 74 of the Property Law, the owner has the ownership of the exclusive parts of buildings such as houses and commercial buildings, and the management right of the * * other than the exclusive parts; Owners have the right to possess, use, benefit and dispose of the exclusive parts of their buildings, but they shall not endanger the safety of the buildings or damage the legitimate rights and interests of other owners.
2. If the balcony closed by the owner belongs to all the owners, then the owner has no right to close the balcony without authorization, which is in violation of the property contract. According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases, if the owner violates the property service contract or laws, regulations and management regulations, and the property service enterprise requests the owner to bear corresponding civil liabilities such as restitution, cessation of infringement and removal of obstruction, the people's court shall. The property has the right to prevent the owner from closing the balcony.
3. If the property management service contract signed by the owner and the property management company stipulates that the owner shall abide by the requirements in the Room Rate Regulations and the Detailed Rules for the Decoration Management of Residential Quarters that "the owner shall not close the balcony or platform without authorization, shall not build any structures on the balcony or platform, shall not change its appearance color, and shall not install anti-theft nets or fences", then the owner shall not close the balcony without authorization, and the property has the right to stop it.
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