HOA fines Arizona man $100 for handing out 'free cold water' in brutal heat, but he refuses to stop

In Goodyear, Arizona, where July temperatures regularly soar past 110°F, a man trying to help his neighbors stay hydrated is now facing repeated $100 fines from his homeowners association. David Martin has been handing out free cold water during the extreme heat, but his act of goodwill has led to a conflict with the Canyon Trails Homeowners Association and its management company, FirstService Residential. Martin began placing a cooler filled with water bottles on the sidewalk near his home last summer when he spotted passersby struggling under the direct sun.

"It’s for the kids, the delivery drivers, the couple holding hands walking down the street. It’s for the little kid who has to walk his dog in the heat," he told KPHO. The cooler sits next to his garage with a small sign that reads "free cold water." It's especially useful since in Arizona, heat-related illness is a growing public concern. According to a CDC report on the 2023 heat wave, heat-related fatalities in Maricopa County rose from 61 in 2014 to 645 in 2023. During that period, the number of days reaching 110°F climbed to 36 per year. The CDC identified public water stations, visible signage, and accessible cooling centers as critical tools to protect residents.

Last year, after local media reported on the story, Martin said the violation notices from the HOA stopped. But just a few months ago, the fines began arriving again, each one citing him for leaving the cooler in public view. Despite the citations, Martin continues to distribute water from his driveway. "Here we are in July, the hottest day of the year, and we are still talking about a water cooler with free cold water. 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," he said.

According to a previous statement from the HOA’s attorney, the problem is not the water itself, but the placement and visibility of the cooler. "The Association does not object to a resident providing water bottles within the community," the attorney said, adding, "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." Martin’s decision to keep the cooler out in public view was deliberate, and his message to residents was simple: "Well, get some water so you're hydrated."

Frustrated by the HOA’s continued enforcement, Martin is now organizing a petition to remove three members from the board. He has already gathered more than 100 signatures from neighbors, many of whom support his efforts and are confused by the HOA’s response. "I have no idea why they are coming down on him. I don’t know. It doesn’t make any sense," said Rich Koustas, a fellow resident. A special HOA meeting was scheduled for Thursday night, where residents were expected to vote on whether the board members in question should be removed. Martin said he hopes the vote leads to change. "I’m hoping that with the 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."

On 10th July, the meeting yielded 210 votes (the majority) in favor of ousting the 3 board members. Quickly on 11th July, the board held an 'emergency meeting' voiding the earlier decision. The HOA asserted that petition rules weren't met, which led to the cancellation of all the signatures. They also alleged that these 200-odd people couldn't account for the consent of 1,000 homes within the HOA's purview. After a thorough evaluation, Martin's lawyer told the media that their petition was well within HOA rules and that they would escalate this matter to court.

For those looking to get more information on tackling the heat and tracking news on the same, can check out Heat.gov for more resources. You can also reach out to them via email at nihhis@noaa.gov.