Complaints

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• Initial Complaint

  Date:03/26/2025

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On March 17th 2025, Advance Asphalt Company removed (4) speed bumps off private HOA property without proper authorization and approval from the ********* Members. ********** did not confirm ownership of ******* prior to starting the job. A third party, who is not a member of our HOA named ************************************************ scheduled this removal without approval from my ********* also and not sure how he paid this company or if there was a contract. The thirs party who arranged such removal of HOA property is named **** *********** ***** who resides East and beyond our HOA property located at *******************************************. *** has owned this road/parcel and has owned the deed since 2003. Kensington Oaks President named is ******* ***** who resides at ******************************************** and has informed me he has reached out to the owner Secretary ******* Lovely, to have the owner ******* **** several times to call him back, There has been no response or phone callback. ******************* wished to have all (4) speed bumps reinstalled immediately to avoid legal action. His phone number is ************ or email at : ********************

  Customer Answer

  Date: 03/26/2025

  Please correct  job date to March 18th 2025, not March 17th 2025

  This was a typo, 

   

  Thank you

  **** ********

  

  Business Response

  Date: 03/27/2025

  Good morning,

  When went out to bid this project, **** had contacted us directly, contracted us with us directly, and paid us directly after the job was done. 

  There was nothing anywhere near his residence that had indicated there was an "hoa" Nor was there a mention of it from **** to us.

  There were neighbors that came out, watched us, and thanked our crew for removing the speed bumps. again no one making any reference to any hoa reference. 

  We did not hear of any issues at all till approx 4 days later after **** had paid the bill. 

  When **** met with us and requested this bid, he did not disclose this was in or part of an hoa.  

  Customer Answer

  Date: 03/27/2025

   
  Complaint: 23114510
  
  I am rejecting this response because:

  Please see attached documents

  Please re-install our HOA speed bumps as a contractor it is your responsibility to confirm ownership. 

   

  Hi Heather

  
  It is public record that Kensington ************************ holds the Deed to the parcel of which (4) speed bumps were intentionally contracted for removal by mr ****** also, public record that Sarasota  County *************************** indicates KOA owns this  parcel ID# of ***** ** Ext , and we have an easement/maintenance agreement  with **** ****** and 7 other homeowners who reside at the dead end of our KOA subdivision, as they are not a part of our **************** just 8 single homes.  These homeowners  only have a legal right to ingress and egress through our private road,  mow our grassy area, and repair our speed Humps and black top pavement etc. Mr  **** Witte  signed  both agreements in 2016 and 2023 and has  a legal commitment to agree to not  remove our speed bumps or any HOA owned property. He is responsible for damages and for payment to have these installed back to where they were. He does not own this portion of ***** ** Ext nor the  north-south portion, Only the road in front of his Aunts home  at ******************** Ext.
  
  
  I hope this clarifies things. 
  
  Did our President of the HOA  board , Mr ******* ***** call you? or email you?
  
  Motorists are speeding and it  is unsafe and dangerous, hence, the reason why we installed 4 speed humps. 
  The public has been  trespassing  on our private road by riding scooters, ebikes, and cycling, as they think it's a public roadway now that the speed humps have been removed. 
  
  Please contact him  Mr ***** to get this resolved as soon as possible
  ************ cell
  *****************************
  
  Thank you

   

   

  
  Sincerely,
  
  **** ********

  

  Business Response

  Date: 04/09/2025

  I Have already spoken with the treasurer and president of the *** and was informed to leave everything as is.  **** is to make no contact with us and she needs to contact the Treasurer or president of HOA

  Customer Answer

  Date: 04/15/2025

   Hello Advanced Asphalt Company of SW Florida

  You are correct, Mr ******* ***** is the President of *****************************************************; and one of  the responsible party to enforce a signed easement/maintenance agreement including Mr **** C *****, as he is one of (7) third parties agreeing to the easement/maintenance terms . It states: SPEED BUMPS are to be in place INDEFINATELY. This is a breach of contract. 

  ************** intentionally violated his legal comittments to this agreement, and Advanced Asphalt failed to confirm legal ownership of this property, aka ***** ** Ext,  before removal, Advanced Aspahlt is and **** Witte  are unilaterally liable and  responsible parties for the replacement and  reinstallment of the (4) speed humps/bumps that were removed without due diligence, unlawfully, and without prior legal authorization from the ********* members.  

  President Black and the ********* has a legal fuduciary duty to enforce this agreement and  to "protect its members" pursuant to Florida State Statute Chapter 720. To and prevent any liability unforeseen liability issues such as injuries, accidents, property danage, etc, Purpose of speed humps tables/humps:  to slow down traffic,. and ensure travel safely. We already had a truck drive through the fence line and struck a home that abuts onto ***** ** Ext, aka Tract B and C of Kensington oaks subdivision.  

  A lawsuit has been filed  to correct this unauthorized removal of HOA property and all parties will be held responsible and accountable for all costs, damages,  and labor to replace all (4) speed Humps, including any or all punitive, compensatory damages. Including all,  if any injuries, property damage, or  accidents that may  occur  that attributed  to the removal of HOA property.  Motorists are speeding execessively currently and is very  dangerous, thus causing a private nuisance. Since illegal removal of KOA property there is now  "no control over the speed." which is a  serious  liability concern and issue.

   Suggestion:  to replace and reinstall all 4 speed tables at equal distance from west to east, behind the 10 lots along the east-west portion of ***** ** Ext  and  ensure that  the engineered design is so that   ALL motorists, including motorcyclists e-bikers, scooters, cyclists,  etc., who are unable to travel over 10 -15 mph, that  are instaled as NOT split humps.  Traffic control devices were agreed  as speed tables / humps in 2016 per HOA vote, meeting, and quorum. 

  Pretrial conference is scheduled to begin within the next several weeks with the intent to obtain an order to have  all parties involved  replace  HOA property. aka, (4) speed humps.  Any member can pursue this. 

  Complaint: 23114510
  
  I am rejecting this response because of  the response above. 

  Sincerely,
  
  **** ********, on behalf of President ******* ***** of **************************************************

  

  Business Response

  Date: 05/08/2025

  I have responded several times.

  This lady needs to discuss this matter with the *** and not us.  We are not responsible.

   

  If we continue getting these emails I will contact our attorney.

   

  Sincerely,

  Advanced Asphalt of **********

  Customer Answer

  Date: 05/08/2025

   
  Complaint: 23114510
  
  I am responding  to this response because:

  Legal action is in motion with the ********* and ********* Black to have your company and **** Witte  replace and reintstall the 4 speed bumps your company removed without legal authorization or legal right. It is private property.  **** ***** does not own the portion of ***** ** Ext where your company unlawfully removed HOA private property. 

  ********* Black  and the ********* are presently being sued for breach of contract and breach of enforcement  in Sarasota County court. I will be requesting an order from the Judge  for your company and **** Witte  to be held responsible to replace all 4 speed humps. A sign was posted as private property and states "owned by *********************************************** " Private property. No Trespassing. Your company ignored it. 

  Contract states speed bumps are to remain in place  and are  permanent, **** ***** had no legal right,  as a third party, aka,  non member to hire your company for removal.  **** ***** also breached of his legal committment to ********************; Association as he signed to agreements twice in  2016 and  in 2023.

  Advanced Asphalt has failed to obtain  legal ownership of *************** common areas subdivision before removing private property. When we questioned you staff why they were being removed he told me and my neighbor to mind our own business. Motorists are speeding excessively now and causing liability issues, if somone gets injured, killed, or property damage. 

  I will allow the courts  to decide how they will be replaced and reinstalled. 

  My intent was to offer your company advanced notice of actions in place. 

  Regards,

  A Member of **************************