Homeowner Faces Fines for Distributing Free Water Amid HOA Dispute
An Arizona homeowner has been subjected to multiple fines of $100 for the simple act of offering free cold water bottles to his neighbors, prompting him to take significant steps against his homeowners association (HOA).
David Martin, who has been giving away refreshing water from his driveway in Goodyear, Arizona, for the past five years, is at odds with the Canyon Trails community’s HOA.
Martin’s initiative began in 2020, during the COVID-19 pandemic, as a way to foster community spirit during the sweltering summer months.
"It’s for the kids, delivery drivers, and anyone who needs relief from the heat," Martin remarked in a recent interview, emphasizing his intent to help those passing by.
His idea originated when he and his wife sought to strengthen community bonds while they were homebound due to pandemic restrictions.
“I thought, what better way to contribute than by providing cold water?” he explained.
However, tension arose last year when the HOA and its management company, FS Residential, issued a $50 fine for having the water cooler visible from the street.
Refusing to comply, Martin received $100 fines for three consecutive months.
“It’s mid-July, the hottest time of the year, and we’re still disputing a cooler with free water,” he stated, expressing frustration over what he sees as an unreasonable issue.
While the HOA maintains there is no objection to Martin’s water distribution, they assert he cannot publicize this service on his property.
“The Association permits a resident to provide water bottles, but advertising such a service using visible containers near their garage is not allowed,” the HOA board clarified in a statement.
In response to the ongoing penalties, Martin initiated a campaign to gather signatures from neighbors to remove three board members.
“I believe that new members will recognize that penalizing a water cooler meant to benefit the community is absolutely unnecessary,” he asserted.
He stands firm, declaring he will not pay the fines and that the cooler will remain as a fixture in his driveway.
A special homeowners meeting occurred on July 10, attended by Martin, two board members not involved in the petition, and around 24 residents.
During the meeting, from a total of 210 votes cast, 190 supported the removal of the targeted board members, prompting the board to acknowledge the overwhelming majority.
Although the removal was set for the following day, the targeted members raised concerns about the validity of the process, claiming Martin lacked sufficient signatures.
The board convened an emergency meeting to contest the vote, arguing that proper notification was not given and questioning whether the 210 votes constituted a legal quorum in a community of over a thousand homes.
Martin, however, presented documentation from FirstService Residential that validated the voting process under state regulations.
Determined to pursue legal action, Martin emphasized that this matter extends beyond water distribution to touching on broader community issues.
“It’s about the community as a whole,” he remarked, reflecting his commitment to fighting the HOA’s opposition.
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