David Martin of Goodyear, Arizona, says he just wanted to help his neighbors stay hydrated during triple-digit temperatures — but now he’s being fined for it by his homeowners association.
Martin has been placing a cooler filled with free bottled water near the sidewalk outside his home since May of 2020.
“It’s for the kids, the delivery drivers, the couple holding hands walking down the street,” Martin told local outlet KPHO. “It’s for the little kid who has to walk his dog in the heat.”
In 2022, the Canyon Trails HOA and its management company FirstService Residential, gave him a warning for his cooler, but then followed up with an apology letter.
“At that point, I thought it was over and done, and we wouldn’t have any problems ever again until May of this year,” Martin shared with local outlet KYMA in 2024. Then in May of 2024 he received his first fine for $50, eventually escalating to multiple citations for $100. Ever since then Martins has been receiving fines of $100 whenever he puts out his cooler when it gets hot out.
He claims the fines are unfair — and dangerous — in a state where heat has already killed dozens this year.
“Here we are in July, the hottest day of the year, and we are still talking about a water cooler with free cold water,” Martin said. “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.”
An attorney for the Canyon Trails HOA released a statement to KPHO last year saying:
“The association does not object to a resident providing free water bottles to 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.”
A legal battle to follow
After months of mounting fines, Martin launched a petition to recall three HOA board members. He claims it received over 100 signatures.
According to 12News, a special meeting was held on Thursday Jul. 10 where 190 out of 210 votes cast supported removing the board members. But the fight wasn’t over.
The HOA’s board held an emergency meeting Friday Jul. 11, voiding the results — claiming the petition didn’t meet signature requirements and questioning whether the 210 votes reflected a quorum for a community of more than 1,000 homes.
Martin provided documentation to 12News showing FirstService Residential’s own legal counsel had allegedly verified that the petition met the requirements under state law. He says he’s preparing for a legal battle.
“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,” Martin told KPHO.
What homeowners need to know
While Martin’s gesture is generous, it highlights a bigger issue: HOAs typically enforce community rules strictly — even when they clash with common sense.
If you’re part of an HOA community:
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Check your CCRs (covenants, conditions and restrictions) before placing anything in shared spaces.
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Document your intent if you’re doing something for health or safety reasons.
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Reach out to your board for clarification or exceptions — especially in emergencies.
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If you receive a violation notice, address it immediately and document everything in writing.
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If mediation fails, seek legal advice to understand your rights and options.
On Reddit, where the story has gone viral, many sided with Martin. One user wrote “HOAs really deserve every ounce of disdain they receive. The gall to punish someone for having compassion, and providing water in an organized manner on their personal property.”
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
