The Regency Park Homeowner Association (RPHOA) is a voluntary association, dues are not mandatory, and the RPHOA has no power to impose fines or assessments on any owner/property. It is a Non-profit 501c4 organization.
1. The Texas Open Meeting Act only applies to local and state government and certain Mandatory Homeowner Associations that meet criteria such as providing public utilities, length of existence, and county size. It does not apply to 501c4 Registered Non Profit Organizations.
This link points to an article that is not applicable to the RPHOA:
https://www.tml.org/p/Texas%20
https://www.tml.org/p/Texas%20
Here is the definition of “government” in Texas, per Texas Code:
https://codes.findlaw.com/tx/g
https://codes.findlaw.com/tx/g
All RPHOA Board Meetings are open to any homeowner who wishes to attend, they are announced at least 7 days in advance, and the meeting minutes are published on the RPHOA website. As a voluntary homeowner association, there is no requirement to allow non-member homeowners to attend, though all homeowners are welcome to attend.
The State of Texas Attorney General has clear rules for determining which organizations must make minutes available. The RPHOA does not satisfy any of those tests which would require it to make minutes available, though, minutes and other records are available to any homeowner who asks.
4. The RPHOA Bylaws state that records must be made available to Members (homeowners who pay annual dues to join the association). As such, the minutes are posted on the website and Members who request a password have the benefit of reviewing minutes in electronic format. A link to the Bylaws is here (http://www.regencyparkdallas.com/yahoo_site_admin/assets/docs/2008-05-01_Bylaws_of_RPHOA_III_-_Revised.276131546.pdf); the Bylaws have always been prominently posted on the RPHOA website for anyone to see.
5. The RPHOA Bylaws do not specifically state that the traffic wall is the Board’s number one priority. However, City of Dallas ordinance designates the RPHOA as responsible for maintaining the traffic wall and the RPHOA has the legal obligation to maintain and upkeep the wall – or else the RPHOA loses the right to keep the wall. Thus, membership funds are prioritized to maintenance of the wall, with any additional funds used for recreational/social functions.
Come learn more at the next Board Meeting scheduled for May 22, 2018 and see for yourself the process that the Board follows in adherence to its own Bylaws.