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When Giving Out Free Water Is Against the Rules: Arizona Man Faces Off Against Homeowners Association Over Water Stand

  • David Martin and his wife set up a stand offering free water in their neighborhood during the COVID-19 pandemic.

  • After years of peace, the HOA that oversees his neighborhood is chasing after him with fines.

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David Martin, an Arizona man who works out of his garage making sneakers, is facing off against his homeowner’s association, and his message is clear: He’s going to win this fight.

To be clear, the fight has nothing to do with what he does in his garage, grass that’s too long, or the other seemingly baffling things that HOAs seem to have problems with. The main character in this fight is a water cooler that Martin fills up with free water bottles for anyone in the neighborhood.

“I don’t feel like I’m doing anything wrong.” That’s what Martin told local outlet Arizona’s Family. The sneaker maker and his wife set up a free water stand, which consists of a blue water cooler and a sign that says, “Free Cold Water,” in front of their house four years ago during the COVID-19 pandemic as a gesture of goodwill. They invited neighbors, kids, and delivery drivers to take one if they needed it.

The stand became so popular that Martin decided to keep it around. The family paid for it largely on their own, although other neighbors also chipped in with donations, buying between 30-40 bricks of water per year. To Martin, the water stand was a way to be an asset to his community. Considering the heat in Arizona, it makes sense. Phoenix saw 110 degree Fahrenheit days for 53 days in 2023, a new record.

“I think I am doing what we’re supposed to do, which is taking care of the people around us,” Martin said.

Fines for storing items in plain view. Unfortunately, the homeowner's association that oversees Martin’s neighborhood did not agree. According to Arizona’s Family, FS Residential started sending the family monthly fines for storing items in plain view in May. The family was originally fined $50, but the fine has now increased to $100 for the past three months for noncompliance.

“It’s absolutely asinine, I don’t understand,” Martin said. “I’m sorry. I don’t care that it’s blue and gray, and my house is tan and brown. It’s a water cooler with cold water for the community.”

Martin says he won’t be paying the fines.

The issue isn’t the water (supposedly). While Martin is baffled that the HOA would be against providing free water, FS Residential claims the issue is not the water. It’s the signs that Martin places in his yard to advertise it. In statements provided to 12 News, FS Residential said the following:

“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.”
"The resident decided to place additional signage in his front yard further advertising water bottle distribution, which violates the community's rules. The Association is hopeful that a mutually agreeable resolution remains achievable."

Martin told local media he had never seen the statement before.

Just chill. While he’s received offers from others to pay the HOA fines on his behalf, Martin isn’t budging. If they want to donate money, he’ll use it to buy more water. As for the HOA, he has a message: “Come get some free water and chill.”

Image | Steve Johnson | Unsplash

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