Homeowner Plans Legal Battle Over Fines for Distributing Free Water
A Goodyear, Arizona homeowner is gearing up for a legal showdown after receiving fines for distributing bottled water. David Martin has incurred $650 in fines from his homeowners’ association (HOA) for placing a cooler of free bottled water in his driveway. In response, he is campaigning to raise $50,000 to pursue litigation against the HOA.
The dispute dates back to 2020 when Martin set up the cooler to assist individuals enduring the extreme heat. However, the HOA contended that it contravenes regulations regarding unsightly objects. "I want to help people, especially kids and delivery drivers, who are out in this heat," Martin explained.
The citations began arriving last summer, starting at $25 and escalating to $100 as Martin neither paid them nor relocated the cooler. He argues that offering water is a community service and insists that the cooler does not breach any rules. With the temperature consistently surpassing 100 degrees, the cooler serves an essential purpose, he conveyed.
This seemingly minor issue has garnered significant public attention, with Martin now featured in national headlines and support flooding in. “More than 150 cases of bottled water have been donated to me,” he shared.
The conflict has persisted for over a year, with potential legal fees anticipated to be between $40,000 and $50,000, according to multiple attorneys Martin consulted. Nevertheless, he remains resolute.
Martin has begun selling T-shirts featuring the slogan “Free. Cold. Water.” through his custom sneaker business, Candy Man Kicks, with all profits dedicated to his legal funds. The HOA clarified that while they do not oppose Martin’s generosity, they object to advertising such endeavors on his property.
According to the HOA’s official statement, “The Association does not object to a resident providing water bottles within the community; however, advertising such distribution from a portable ice chest visible from neighboring properties is not allowed.”
Martin maintains that the cooler does not violate rules against permanently stored items, as he brings it inside every evening. The motivation behind his actions is rooted in his grandfather’s legacy, who transformed his home into a community food pantry. “My grandfather always said, ‘Do the right thing,’ and that’s what I’m trying to do,” Martin remarked.
The fines began, according to Martin, as trivial attentions from the HOA but escalated into a personal vendetta when he began a petition to remove three board members. A special meeting on July 10 aimed to address this issue.
Of the 210 ballots cast, 190 homeowners voted for the dismissal of the three members, prompting the board to recognize the majority vote. However, the members facing removal convened an emergency meeting to contest the validity of the vote, arguing insufficient notice had been given. They also questioned whether the 210 votes constituted a quorum in a community of over a thousand homes.
Martin provided evidence he claims supports the legitimacy of the meeting and the vote, asserting it met the quorum requirement of 20% of homeowners. He acknowledged that the implications of this battle extend beyond a single cooler now that it has attracted national media attention.
“If the HOA capitulates now, it could establish a troubling precedent for HOAs nationally,” he asserted.
Should a court determine that his water distribution is indeed a violation of HOA rules, Martin is prepared to explore alternative methods to keep the community hydrated, such as constructing a permanent structure similar to the “Little Free Library” concept.
For the time being, his focus is on selling T-shirts, securing legal representation, and allowing the courts to determine the outcome of this contentious dispute.
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