A HOMEOWNER has been fined $650 by an HOA over a sign and kind gesture he performed in his own driveway.
Worse still, he may now need to prepare for a potential $50,000 legal battle to fight back.
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David Martin, a homeowner in Goodyear, Arizona, has been at the centre of a lengthy dispute with his HOA, Canyon Trails Unit 4 West, over his decision to place a cooler filled with free bottled water in his driveway.
Martin began offering free water in 2020 during the COVID-19 pandemic, inspired by his grandfather’s selfless acts of community service and his own experience with dehydration during a marathon.
He also set up a sign encouraging passersby to stay hydrated – even including a bowl of water for dogs.
But the HOA claimed the gesture went against rules on storing items in public view, and initially sent him warnings.
Martin later received a letter of apology from the HOA, but the issue resurfaced in 2024 when the HOA began issuing fines.
These fines started at $25 and escalated monthly – eventually totaling $650.
The HOA claimed the cooler violated rules about unsightly junk and advertising projects on lawns.
Martin argued that the cooler does not violate rules, as he wheels it inside nightly and believes the fines are merely a form of retaliation for his petition to remove certain HOA board members.
Naturally, he has received widespread community support, with neighbors signing petitions, attending meetings and even setting up their own coolers to give out free water.
Supporters have even donated over 200 cases of bottled water to his cause.
Despite the HOA’s objections, Martin refuses to back down, viewing the cooler as a vital service.
He told reporters: “There are kids, delivery drivers, people walking outside in the heat, and I want to do something to help them.”
“I want to do the right thing because it’s bigger than just water bottles.
“It’s about helping people in need and standing up for what’s right.”
The dispute escalated further when Martin led efforts to oust three HOA board members he believes are behind the citations.
A vote was held in July, with the majority voting for their removal, but the board invalidated the vote – claiming procedural issues which included insufficient notice and a lack of quorum.
Martin provided documentation to refute these claims.
Now, he is in the process of consulting attorneys who believe he has a case, but he is struggling to afford legal fees – which could cost up to $50,000.
To fund his legal battle, he has started selling T-shirts through his custom sneaker business, Candy Man Kicks.
The shirts feature messages promoting his cause, with proceeds going toward legal expenses.
Martin remains determined to fight for his right to keep the cooler, seeing the conflict as a larger issue about HOAs overstepping their authority.
Sun Motors US has approached Canyon Trails Unit 4 West Community Association and Martin, via his company Candy Man Kicks, for comment.
HOA crackdowns in the US
States across the country are working to restrict the power of HOAs.
- In Minnesota, lawmakers introduced a bill that would require HOA boards to create a schedule of fines and fees and distribute it to homeowners; ensure homeowners can contest an HOA fine; provide reasonable time to correct rule violations; and outlaw the practice of charging homeowners for asking questions.
- In Arizona, lawmakers are cracking down on HOA budgets. Under a newly proposed law, HOA boards would have strict guidelines for how they approve expenses.
- In Florida, a bill was passed that restricts the amount of control HOAs have over tenants’ property. It also stops HOAs from fining homeowners for leaving trash cans out and holiday lights up.
- In Atlanta, bipartisan bills were introduced to reign in overly aggressive HOAs to protect homeowners.
- In California, a new bill requires HOA elections to be monitored and the board to comply with certain homeowner requests.
- In Colorado, new HOA rules require greater transparency between HOA board members and tenants.
- And the Federal Fair Housing Act sets housing standards for all homeowners, tenants, and landlords.
