Bottled up anger.
An Arizona homeowner has been repeatedly fined $100 for handing out free cold water bottles to neighbors over the past year, forcing him to take drastic measures against his homeowners association.
David Martin’s five years of kindly providing refreshing waters in his Goodyear, Ariz., driveway have caused tension between him and the HOA in the Canyon Trails community.
Martin’s gesture dates back to 2020, when he’d share the cold water with anyone walking by his home, creating a feeling of togetherness and unity during the blistering hot summer months.
“It’s for the kids, the delivery drivers, the couple holding hands walking down the street,” Martin told KPHO on July 9. “It’s for the little kid who has to walk his dog in the heat.”
Martin came up with the idea alongside his wife when he was trapped at his home during the COVID-19 pandemic and wanted to create a feeling of togetherness and unity during the trying summer months.
“I figured, what better way to be an asset to the community than cold water,” Martin told the outlet in August 2024.
Last year, a rift began to form when the HOA and its management company, FS Residential, fined Martin $50 for storing the items in plain sight.
Martin refused to pay the bill and was fined $100 for non-compliance three months in a row.
“Here we are in July, the hottest day of the year, and we are still talking about a water cooler with free cold water,” said Martin. “It’s ridiculous that they are adding violations to a total that’s not going to get paid because I’m giving out free water.”
The HOA said it has no problems with Martin handing out water, but stated he cannot advertise such projects on his lawn.
“The Association does not object to a resident providing water bottles within the community; however, the community’s rules do not allow a resident to advertise water bottle distribution from a portable ice chest, located next to their garage that is visible from neighboring property,” the board said in a statement to the outlet.
The clever homeowner found a workaround to avoid the pesky board’s fines – a democratic coup.
Martin began circulating a petition around his neighborhood to get 100 signatures and boot three board members from their seats.
“I am hoping with three new board members that get elected, they’ll see that wasting time and money on a water cooler that’s helping the community is just that, a waste,” said Martin.
“I stand firm on the fact that I’m not paying the fines. The cooler is not going anywhere, and I’ll fight it,” he told 12News.
A special meeting was held on July 10, attended by two board members not targeted by the petition, Martin and roughly 24 people.
Out of 210 ballots, 190 voted for the removal of the three members, with the board recognizing the notability of the supermajority vote.
The targeted members were due to be removed from their roles the next day, but they questioned the legality of the quorum, claiming Martin didn’t gather enough signatures for their ousters, according to 12News.
The board held an emergency meeting to invalidate the vote, claiming there wasn’t a 24-hour notice for the meeting.
Board members also questioned if the 210 votes was enough to establish a quorum in a community with over a thousand homes.
Martin shared a notice from FirstService Residential and its attorneys validating the voting process under state law, according to the outlet.
The determined homeowner is preparing for a legal fight he plans on winning.
“It’s not just about water, it’s about the community as a whole,” he said.
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