Potholes can often appear after a rainstorm, but they're already a problem for people living in a gated subdivision in Edinburg.

"It's embarrassing that this is the city, we are in the city limits. We pay very high taxes here, and we can't get this resolved," homeowner Erica Garza said.

Garza and her family moved into the Sugar Oaks subdivision in 2020. She says at that time, the roads were easier to drive on and over the years, cracks formed into many potholes that homeowners say is a safety hazard for cars driving into the neighborhood.

Since 2022, the city told Sugar Oaks HOA that they were in violation with the use of their gate, stating they were a public neighborhood. 

So later that year the gates came down and the pothole problem worsened.

"In April, the city of Edinburg patched up the potholes. These and the ones by the exit, those were the only ones," Garza said.

But they say that that solution lasted a short time. Now they've reach out to the city again, this time they got a refusal stating they were a private neighborhood.

Harlingen attorney Ricardo Barrera, who is not associated with the neighborhood's complaint, is familiar with property laws. He says the laws in Texas are specific about private and public properties.

"In the state of Texas, its own constitution states that a private person cannot benefit from the public at large. So the idea would be if there is a particularly planned or zoned with the proper maintenance of roads," Barrera said.

Barrera said there are avenues people can reach out to if they find themselves in this situation.

"It's important for the public to know they have to go through their city commissioners, their planning and zoning for the city," Barrera said.

Steps that the residents say they have taken, but the Sugar Oaks HOA is currently suing the city over this issue.

Channel 5 News did reach out to Edinburg about the neighborhood's concern. They said the city does not comment on pending litigation.