Complaints

• Initial Complaint

  12/13/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  On November 17, 2022 we received a proposal from HOA Affordable *********** to install a 4' vinyl fence at our home. This neighborhood is governed by our HOA **. Ardsley Mgmt and all proposals must be a approved by the Board. The proposal read, "fencing to be constructed to follow the contour of the grade." The fence was built however at a height of 4' 5" to 4' 8" in some areas. The fence was completed on 12/6/22 and on 12/7/22 I visited our property that we have not yet moved into and found the fence installed as stated. On 12/7/22 I spoke with ***************************** who verbally communicated that they would attempt to drive the post further into the ground and if they were unsuccessful they would reset the posts to correct the height of our fence. However, on 12/9/22 ***************************** and/or ************************* sent a Proposal Resolution that stated they would only bring in dirt to fill the gaps at the bottom of our fencing and would adjust only one post. Bringing in dirt is a violation of our HOA covenants as well and this solution does nothing to correct the height of our fencing. I replied to their Proposal stating the facts of the matter (HOA CCRs) and reiterating the binding contract I signed that included the scope of the work confirming the height of the fence and that the fence was to follow the contour of our yard.On Monday, December 12, 2022 *********************************** Affordable Fence **. sent me an email stating that if we did not pay the remaining balance due within 48 hrs they would file a lien on our property and also threatened additional fees related to litigation. They stated that their email would be the final communication. As homeowners we have no choice but to correct the fencing per our HOA covenants. As expected, on December 12, 2022 our HOA company sent ** a **mpliance Letter stating that our fence was in violation due to the height. We are required by law to correct the fence and will have to resolve this ourselves if HOA Fence ** continues to refuse.

  Business response

  01/17/2023

  We disagree with this clients claims. An investigation was conducted regarding this complaint and this is what we discovered regarding this complaint. 

  The client was presented with the options to have is fence topped out and straight on top or follow the grade and un-level on top. The customer verbally communicated multiple times that he wanted it "topped our and straight on top"
  We offered a solution to the complaint and gave the client an expiration date and terms for that solution. We required that the balance be paid in full before we would execute the proposed solution. An expiration date was given because we had little time to still execute a lien on the property since the client was refusing to pay his balance. 

  
  After the client reviewed the proposed solution he declined the solution and the expiration date for that solution expired. After the solution expired we advised the client that we would be filing a lien on the property and gave him 48 hrs to pay the balance before we filed the lien on the property. At that time we also presented additional evidence that we would be using for our litigation. That evidence was a recorded call where the client directed ** to build the fence in the manner in which it was build.
  

  On 11/30/22 at 2:24 the client called after the final layout was completed with our installation manager. Here are a few highlights from that phone call. I am going to attach the file of this phone call for your reference. Here are a few highlights from that phone call.

  11:14 (Timestamp of recorded call) 
  
  Client The most important thing for ** is keeping the fence level
  
  Client If you do it off the ground then there will be fluctuations
  
  Client Lets add those couple inches to make sure that we are installing the fence level and I can grade or add landscaping to deal with any sort of openings or gaps.
  
  Client Because your right I would much rather have the fence symmetrically level and not following the grade of the ground
  
  Client We might just throw beds around the fence, that's what I told ****. 
  
  We built the fence exactly to those specifications and all of our pictures and videos show as proof that the fence was built in that manner.

  After being presented with that evidence the client paid his balance we closed our his project.

  We are unwilling to offer any further solution since we built the fence exactly as he instructed. This client has threatened to *** the company and our legal council has instructed ** to avoid any further contact with him due to possible litigation in the future. 

  Customer response

  01/17/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

  The fence was installed on December 6, 2022. HOA Affordable Fence Company provided a verbal resolution on the 7th of December that included adjusting the fence post by driving them into the ground or resetting the post. The main argument they continue to make is that we wanted a fence that was level at the top which would require a 1-2 inch clearance to allow for this. Our fence has 5-7 inch gaps, not 1-2. Within 3 days the company provided their resolution which included adjusting only one post and would have them bring in dirt to correct the gap throughout our yard. This does not solve the lack of security and intended use of our fence and would ultimately create a maintenance item and create a yard full of mud. Bringing in dirt is also a violation of our HOA bylaws as is the fence height currently. My comments shared about covering the gaps were to manage a 1-2 inch gap, not half a foot gap or more. 
  

  I refused this proposal as it was not what was originally communicated by phone with the company and does not provide ** a secure fence. They gave ** only 48 hours to make a decision on their proposal or threatened to file a lien against our property. I involved an attorney considering their behavior and lack of professionalism to honor the terms of our agreement. 

  Our yard is especially level and spacing could have easily been 1-2 inches. In all of our calls, this is the amount of spacing (1-2 inches) that would be allowed. At no time, did we discuss and certainly did not agree to gaps of 5-7 inches. It was very apparent that the company preferred to threaten ** with a lien rather than recognize the lack of care and attention given to the installation of our $14,000 fence. HOA Affordable Fence never met with ** at our home to discuss the solutions and only sent a written proposal and threats on 12/9/22. We expressed that we would like our fencing corrected before making final payment. However, due to their threats and unprofessionalism, we elected to tender the final payment and will continue to have to work towards a solution with another company since they are refusing to even communicate with ** even though they are required to honor their warranty. I have continued to try and reach out and they continue to ignore **. 

  HOA Affordable Fence company has refused to share recordings from our conversations that would confirm the solution they originally proposed but very quickly rescinded. They are only sharing information that protects their interest. We are in violation with our HOA and our fence does not keep our pets or children safe as the fence is intended. The fencing company has treated ** unfairly to say the least and will simply not accept the fact that their installers set the post higher than was necessary or agreed to. HOA Affordable Fence company modified the fence from a 6' panel to a 4' panel. We are not sure but suspect this has something to do with the reason it was installed incorrectly.  

  We currently have no other option but to work through a more reputable and experienced fencing company to fix our fence. The cost will be in the thousands (at minimum $3,000, maybe more) and we have no other choice but to fix this issue on our own. Our need for legal representation is obvious we feel based on the proposal we were given and the manner in which they conduct their business, honor their contracts and/or service. 

  We are hoping we don't have to pursue legal remedies but again have been given ************** considering this company threatened ** with a lien on our home within days of completion of our fence. We simply want our fence corrected and installed per the scope of work and specifications listed in our agreement. If they are unwilling to do so we will have no other choice but to pursue them for reimbursement caused by their mistakes and for choosing not to honor our contract. Additionally, their agreement does not comply with all of the provisions of the ******* Home Improvement Contracts Act. 

  It would preferred and save ** a lot of time, money and hassle if HOA Affordable Fencing Company would do the right thing. We hope for our sake that they arrive at this conclusion on their own. 

  Regards,
  
  *********************

  
  

  Business response

  02/01/2023

  Unfortunately, ever since this dispute arose and was investigated we have never been able to see eye to eye and come to any mutual agreement to resolve it. We offered a solution originally but that was refused even though we built the fence to exactly how this customer directed **. Also, yes we did have to notify him our rights to seek the balance due on the contract by filing a lien on the property. That was our only legal recourse at the time to get a chance to present our case and recoup the money owed to **. At that time I think this customer realized that our case and the evidence for our argument was legitimate and no arbitrator would agree against that. That is why we believe he settled his balance. Because of his threats of future litigation our legal council has advised ** to avoid any further communication with him. 

  Customer response

  02/01/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  

  In response to the companies most recent reply, I paid the balance due with the expectation or understanding that I would have no way of getting the company to honor their contract otherwise. Again, I will reiterate for clarification that my need for legal support was not acknowledge or communicated in a threatening manner. It was to get advise concerning how to deal with a company that was threatening to place a lien on property even though they provided proposals different than what they communicated verbally and that did not fix the issue with our fencing. Again, the contract we signed agrees to follow the contour of the grade. The statements made by the fence company that we agreed to a 6 inch gap at the bottom of our fencing is not true. In all of the quotes provided there's nothing where we agreed to this amount of spacing under our fence. This is both a violation of our HOA and does not allow our fence to be secure as its intended use and purpose. 

  I have received a 2nd opinion from another reputable fencing company as we are required to fix the fencing per our HOA. The fencing company continues to argue that they installed the fence exactly the way we requested. If we are forced to have another fencing company fix our fence, which we communicated to HOA Affordable Fence Company, then we would have no other option than to pursue them for damages and the cost which is estimated at $6,240. 

  We have paid our balance and this company is refusing to remedy the defect with our fence. They will not communicate with ** and claim it's because we've threatened them legally. We have done nothing but pay for the fence with the hopes and expectation that they would do the right thing to fix the fence.

  We have a right to our warranties and the contract that we signed and agreed to. It's extremely frustrating to think that we will have no other choice but to pay an additional $6,000 because they will not accept liability and fault. The refuse to admit that they verbally communicated a solution which is the same as the estimate provided in this response but decided to send formal proposals that did not fix our fence and in doing so threatened ** with a lien. Again, we paid our balance because we did not want a lien unnecessarily filed on our new home and fully expected the company to deny any request to fix our fence if we did not. After submitting our final payment I sent an email letting them know that we expect to hear from them so that we could get the necessary work completed. 

  We are not wanting to involve the courts or attorneys. We want our fence fixed and installed as it was suppose to be and we want HOA Affordable Fence Company to honor the terms of our contract and scope of work. 

  
  Regards,
  
  *********************

  
  

• Initial Complaint

  08/26/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I requested a quote to replace fence, ******* was assigned. We spoke about quote he sent and he was to redo cause it was incorrect. I followed up following morning and he said I would hear from him shortly. I then received text saying my credit had been denied did I want him to continue. I said I would like correct quote but questioned credit application because I did not fill one out. He then called said I was confused and he was closing my account and no harm done. I want to know how credit application was filled out and then he hangs up on me. I am not confused I already have money to install fence. All I needed was quote which he didn't provide, was rude when questioned and hung up when harm is being done if a credit application was completed. I would like correction on credit report, people to be cautious about *******

  Business response

  10/06/2022

  There was confusion with a credit application that was submitted under this clients name and address. Luckily, it was caught prior to any credit inquiry and we were able to close out the application that was submitted.

   

  HOA Affordable Fence Company

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩