David Martin vs the HOA: How one man's 'generous' act saw local jobsworths up in arms

Why is the HOA so peeved about what seems to be a fairly innocuous act?

PUBLISHED SEP 2, 2024

Martin has no plans to stop, and has turned down offers from his neighbors to help.

Goodyear, Arizona: They say Arizona is hot this time of year. They say one of the best way to beat the heat is to keep hydrated. They say you need water. So why then is one Goodyear homeowners' association (HOA) forcing a man to pay hundreds of dollars in fines for the 'ghastly' task of (brace yourself) handing out free water to his neighbors.

But let's start at the beginning, when David Martin began his 'nuisance'. Four years ago in May 2020 duting the COVID pandemic, Martin started leaving a cooler full of cold water out the front of his home so any passerby could find some liquid solace from the oppressive heat. Needless to say he needed a sign to let people know that the cooler contained water, and not some, let's say, snapping reptile. So up the sign went, and down came the storm, but not immediately.

But why is the HOA so peeved about what seems to be a fairly innocuous act at worst, and extremely neighborly at best? (Photo: David Martin, seen here in a report with 12News)

In 2022 -- a whole two years after Martin started his devious free water scheme -- he received a warning from the HOA about his water distribution, but that was then swiftly followed by an apology letter. So Martin continued.

A whole two years after that, in May 2024, the situation escalated. FirstService Residential, the company managing the Canyon Trails HOA, began issuing Martin fines, starting with a $50 charge. Each month, the fine has doubled to $100. Martin, needless to say, has refused to pay any of these fines.

But why is the HOA so peeved about what seems to be a fairly innocuous act at worst, and extremely neighborly at best? The HOA has released a statement claiming that while they do not oppose residents providing free water bottles, the community rules prohibit residents from advertising water distribution from a portable ice chest visible from neighboring properties. Hence the fines.

12 News's Troy Lynch went to meet Martin and his wife and when they were shown the HOA's statement they expressed surprise and total ignorance that such a law even existed. "It’s ridiculous, point blank. Absolutely ridiculous," Martin told Lynch.

Martin has no plans to stop giving away free water and has turned down offers from his neighbors to help pay the fines. In fact his neighbors seem to be squarely on his side, with one putting it rather succinctly when he questioned whether the HOA is focused on the right thing: "I think it's horrible. I think it's atrocious. They should focus more on improving our community."

As for Martin he just has one thing to say to the HOA: "Just come get a bottle of water and chill."