I’m being fined $100 a month for handing out water in a heatwave – ‘asinine’ HOA demanded $500 so far but I won’t stop
A HOMEOWNER is being fined $100 a month by their HOA for giving out water during a heatwave but he says he won't stop.
David Martin is a sneaker maker who works out of his garage, however, his act of kindness seems to have landed him in hot water with his homeowner's association in Arizona.
"I don’t feel like I am doing anything wrong," Martin told CBS affiliate KTVK-TV.
"I think I am doing what we’re supposed to do, which is taking care of the people around us."
During the Covid-19 pandemic, Martin and his wife started giving out free water in front of their home, inviting neighbors, kids, and delivery drivers, to get a free drink each day.
Neighbors such as Larry Marks told the outlet it has been "fantastic" for the community.
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"I figured, what better way to be an asset to the community than cold water," said Martin.
The stand was such a hit that the Martins continue to do it four years later, stocking up on water and paying for the upkeep out of pocket.
Other residents have also helped out, delivering water to Martin's home.
"Every year, I am sure I get about 30-40 flats of water," he said.
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"Water sometimes appears at the front door, and there are two flats. I don’t know who dropped them off. It’s just a surprise, it’s fun."
However, the Martins received a notice from FS Residential, which oversees the Canyon Trails Homeowners' Association.
The couple was cited for storing items in plain view and fined $50, however, they increased to $100 a month for non-compliance.
For five months, he's been forced to pay the fine, racking up to $500 so far.
"It’s absolutely asinine; I don’t understand," said Martin.
"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 explained that the HOA reached out to him a few years ago, leading him to believe it was OK to have the water stand.
Now, he wants to know why the organization is cracking down on him all of a sudden.
"I just don’t understand what fight they have and why they want to fight," he said.
"I have made it clear: I am not stepping away, not putting the cooler away."
What is an HOA?
One in five Americans live in an area with a Homeowners' Association - or HOA. But what exactly is it that they do?
- An HOA is a homeowner's association - an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within "a planned development" will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools - but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation - as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
The Canyon Trails Unit 4 West Community Association told the Washington Post in a statement that it didn't object to Martin giving out free water but that "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 Board has diligently worked with the resident so as to allow him to continue making water bottles available, and has simply requested that the portable ice chest be screened from view," the statement read.
"Regrettably, the resident has declined to work with the Association to achieve a mutually agreeable resolution."
However, Martin has said that he's going to keep giving the water out, even if the fines continue to grow.
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"I’m going to continue to take care of the community the best way I can," he said.
The U.S. Sun has reached out to FS Residential for comment.
