Man's AC could cost him $100,000

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Aug. 6, 2002, 10:39PM

Man's AC could cost him $100,000

By THOM MARSHALL

Copyright 2002 Houston Chronicle

How can anyone in Houston, Texas, the AC capital of the entire world, be on

the verge of losing his home for following a doctor's advice to put a little

unit in the bedroom window?

About four years ago, Mohammad Hashmi's doctor told him he needs a

window-unit air conditioner to filter the air he breathes because central

systems put out too much mold and dust.

But the homeowners association at Palm Gardens Condominiums in southwest

Houston said window-unit ACs would have a negative impact on the aesthetics

of the complex and would not be allowed.

After Hashmi followed his doctor's advice anyway, the association sued and a

couple of months ago won a judgment for penalties and legal fees that now

total more than four times the $25,500 value of Hashmi's condo (as set by

the County Appraisal District).

Disability makes life difficult

Hashmi, 47, went to court Tuesday afternoon with a motion for a new trial.

His lawyer, Kahne, who only recently got involved in the case,

contends Hashmi's disability rights and fair housing issues were given short

shrift in the previous legal wranglings.

The case originally was on the morning docket, but Kahne asked the judge to

reset it for the afternoon to accommodate Hashmi's health problems.

You know how sometimes it's hard to wake up and even after sleeping all

night you are so tired you can barely function? Well, that's apparently as

good as it ever gets for Hashmi.

According to documents provided by Kahne, one doctor said Hashmi's condition

of central nervous system hypersomnolence " makes it difficult and dangerous

for Mr. Hashmi to try to schedule meetings in the morning. I schedule my

appointments with Mr. Hashmi in the afternoon, always after 2:30 p.m. "

A letter from a doctor at Baylor College of Medicine's Sleep Disorders and

Research Center described the sleep disorder as incurable and said it causes

Hashmi " to have unpredictable and irresistible sleep attacks especially in

the morning. "

In addition to the sleep disorder, a third doctor certified that Hashmi's

severe allergies " cause him so severe and debilitating fatigue and body ache

that, for several days to several weeks at a time, he becomes totally

disabled and remains confined to his bed 24 hours a day. This condition also

aggravates his sleep disorder. ... Since the primary source of dust and mold

circulation and regrowth is air ducts of (the) central air conditioning and

heating system, Mr. Hashmi has been advised that he must use a window air

conditioning and heating unit. "

Hashmi said he moved here from his native India as a young man and has since

become a U.S. citizen. He said he had a good job with Continental Airlines

but lost it a few years ago when growing health problems caused him to miss

too much work.

Homeowners spat tops others

I dropped by his place Monday evening and called him from the locked complex

entrance at the arranged time. Took him quite awhile to get there. He walked

as though he didn't feel well. When he talked he sounded as though he didn't

feel well. An approaching thunderstorm had taken the hot edge off the day,

but Hashmi was sweating like a lunchtime jogger.

We went around back of his place for a look at the $100,000-plus window

unit. Nothing unusual. A metal box sticking out a few inches, much like

other metal boxes jutting out from the brick wall. Hashmi said those other

boxes housed individual ACs before the complex installed central systems.

Removing them would mean major work filling in the brick.

Maybe you have read about other incredible battles between individual

homeowners and the associations that rule over them -- expensive legal

fights sparked by such insignificant infractions as an oil stain on a

driveway or the location of an outdoor gas lamp.

This one may top them all.

After meeting for well over an hour with lawyers from both sides in her

chambers, Judge Lynn Bradshaw-Hull reset the hearing for Aug. 15. The two

sides will meet in mediation before then to try to resolve this bizarre

dispute. And, by the way, that Aug. 15 session is set for 2:30 in the

afternoon.

Thom Marshall's e-mail address is thom.marshall@....