Motion not written in minutes

A motion was brought to send a letter to the management company regarding its lack of work performance.

This motion, one of the four motion is not written in the minutes. I had required to the borard to include this motion in the minutes by the below statement.

"Even if the motion I brought to the board have not been seconded, it must be noticed in the minutes for homeowner’s information and HOA management record."

I have been responded by the secretary the following:

"I stick by what I said previously that any discussion of "the managment company) not be placed in the minutes unless and until the board decides to act in the matter, at which point the action taken will be put in the minutes along with any vote taken in the matter, as is required."

As it was not a discussion but a motion, I would appreciate any advice ragarding the statement of the secretary seconded by a board member.

The motion was brought, the motion was voted, the motion was not seconded.
Thank you for your advice.

I have forwarded this information and have been replied by the president
"You have already received the correct response from -the secretary- concerning the minutes for the October meeting. She has correctly stated them."
The secreatry stated:
"I stick by what I said previously that any discussion of -management company- NOT be placed in the minutes unless and until the board decides to act in the matter, at which point the action taken will be put in the minutes along with any vote taken in the matter, as is required."

I understand that both the secretary and the president refuse to comply with the code of lawas, avoiding to use the word motion even if it was a motion, what could be done? Does Virgina has a specific code of laws regarding homeowners association?
Regards.

The Virginia Property Owners Association Act (Code of Virginia Title 55) and the Virginia Nonstock Corporation Act (Code of Virginia Title 13.1) both apply to HOAs. You can find these laws here:

http://leg1.state.va.us/000/src.htm

Dave

Does everyone agree the Board (secretary) has the authority to declare any mention of the Management Company will not be included in the Minutes.
Maybe this motion was not made fully and discussion never completed or a second was not received, or whatever.

I do not believe anyone can restrict any topic at any meeting except those of a personal nature. If the president wants to declare the discussioned closed because he considers it out of order, he may do that, but it has to go into the minutes and he better be ready to justify it at a later time. I believe the president can also declare any unruly actions to be out of order and will not allow the matter at hand to be discussed, but it still goes into the minutes and he is responsible.

BernardH: It is unclear what you imply by your post...the motion was brought, the motion was voted, the motion was not seconded.

Regardless of the minutes, your concern is over the management companies duties/responsibilities and how they are or are not being carried out. The management co's contract is with the Board on behalf of the association. I do not know if you are a Board member and are privy to the contract and the specifics regarding their role.

If you are not a Board member, I believe it would be in your best interest to write a letter to the Board, as a concerned resident. It may well be that what you assume the mgmt. company should be doing, may not be part of their responsibility at all and is not part of their contract. Good communication with the correct party is key, and in this case, it is with the Board privately, either in person, or in writing.

If you do put your questions (a better way to go than to point a finger) in writing, I would hope they would extend you the courtesy of a reply.
Good Luck and tread lightly here until you know the particulars.