Residents living at SE Houston condominiums with mold, maintenance issues say they are being threatened, harassed by HOA

HOUSTON – Some residents at the Berkley Court Condominiums in southeast Houston say they are tired of dealing with their Homeowners Association.

“There’s no transparency, we have no say, and we are at their mercy,” Robert McDaniel said.

KPRC 2 first told you about the complex in February after residents spoke out about mold, increases in HOA fees, and issues with maintenance requests.

Residents in Gulfgate community say they’re fed up with HOA board

Now residents say they are receiving letters from the HOA’s attorney about harassment and the residents are also faced with a temporary restraining order.

Some residents say this is not the first time they have received letters.

They told me they feel like their rights are being taken away, but they will continue to fight back.

McDaniel says he is being accused of harassing workers and interfering with building renovations at the condominiums, which are located on the Gulf Freeway. He shared a copy of a letter he received from Rice and Rice Law Firm.

“None of this stuff is true. What this is being used for is anytime we have a disagreement or a question about this community, we get these kinds of letters,” he said.

Other residents say they, too, are having issues with the HOA.

“It’s like pulling teeth trying to get in touch with them,” another resident, Joe Alaniz, said.

Alaniz says he was being charged $25 a day for parking his business Ford F-150 truck at his home.

“They were retaliating against me for having a commercial truck on property when it clearly states that a commercial truck is an 18-wheeler, a dump truck or RVs,” Alaniz said, adding that his bill got up to about $4,000.

Thanks to KPRC 2, those fees have gone away.

“They came off. Channel 2 News…I believe. I believe it’s Channel 2 News. There’s no other way,” he said.

Attorney Patrick Sutton specializes in HOAs. He does not represent any residents at the Berkley Court Condominiums and spoke about HOA rights.

“When you buy into a condo or a subdivision, you enter into a contract that makes you subject to a private local government and that private local government is a corporation and it has a board of directors,” Sutton said.

Sutton says there are laws in Texas that allow people to have free speech.

“It’s called the Anti-Slap Law and it’s a law that prevents someone from going into a civil lawsuit that attempts to gag your free speech,” he explained.

KPRC 2′s Re’Chelle Turner tried speaking to one of the board members who lives at the complex.

The law firm representing the HOA told us they will be in contact next week.

If you would like to help residents at the complex, send an email to

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Emmy award winning journalist born and raised in Alabama. College football fanatic and snow cone lover! Passionate about connecting with the community to find stories that matter.