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Does the owners' committee need public bidding when choosing a property company?
Legal analysis: the property management committee can choose and employ property companies without inviting public bidding, but it must hold a meeting of owners' meeting, which is approved by the owners whose exclusive area accounts for 1/2 of the total construction area and the number of people accounts for 1/2 of the total number. The state advocates the adoption of market bidding mechanism in the field of property management, and the selection of property management enterprises is open, fair and just. It is the method that many communities usually choose when hiring property management companies, and it is also the fairest way to choose property management companies at present. In order to ensure the fairness and justice of the bidding work, the provincial and municipal governments have also set up a property management bidding expert database. However, in some small-scale property management areas, it can also be presided over by the owners' committee, and the property service enterprises can be initially selected through consultation. Finally, the first phase of the property service enterprises will be submitted to the owners' meeting for voting, which will be decided by all owners. In large residential areas with complex property rights, property service enterprises are usually selected by bidding. The preparation of bidding documents is still the responsibility of the owners' committee, and the information is released through the government's bidding platform. The bid evaluation team usually consists of experts randomly selected from the government expert database and the owner's representative. In order to reflect fairness, some communities will also adopt the method of randomly selecting experts from the expert database across cities. After the bidding work is completed and the first winning bidder is determined, it is still necessary to hold a meeting of the community owners' meeting to confirm the property management service contract determined by the owners' Committee and the property management enterprise through consultation by voting.
Legal basis: Article 277 of the Civil Code of People's Republic of China (PRC). Owners can set up owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations.
The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.
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