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Subversiveness Behind of Shared Walls: A Neighbour Disastrous Effect on Our Peaceful Shelter
In the heart of Alexandria, Melbourne we had renovated our gorgeous sanctuary of some 30 years, a walled award winning house and garden in the middle of the storm of the city streets. For 30 years, it was a gorgeous refuge of solacement, a haven of beauty and asylum.
As an prestigious architect creator, my friend had donated to our community with many urban proposals, but of these none were more personal that the progressive design of the Lawrence Street, Alexandria, Sydney, Victorian conversion. Conspicuously in the Sydney Morning Herald, it was applauded as a creative masterpiece, weaving Victorian charm with modern elegance.
The Victorian transformation was a creed to architectural ingenious—a three-story addition and conversion to a Victorian style semi-attached, offering a house for a family and a home office. The highlight was the light tower, far above the roof with suspended stairway, acquiring the core of the south east and northwestern skies. French style sash windows adorned the main bedroom, while timber casement windows decorate in the bathroom frame the views and filter the light.
However, our idyllic existence was shattered when our neighbour, a fencing contractor, entered the scene next door. Initially welcomed, his illegal actions soon created absolute chaos threatening the safety of everyone in the area. Without due diligence, he began demolishing our brick supporting wall, the major load supporting wall of our bedroom. At one period of time he had setup pipes from his roof diverting water into our studio, causing over some several thousand dollars damage to our property and undermining its structural integrity.
Additionally to outline the lack of building experience, we discovered that the intermediate wall did not meet the legal fire rating, a critical oversight that threatened our safety. In spite of our urgent endeavours to rectify the problem with the builder and contacting the council, the council said the builder's inspector had already signed off on the building renovations, providing no recourse and leaving us vulnerable to fire.
Despite getting a judgement in their favour and recompense for the damages incurred, the emotional toll was abysmal and created many unpleasant memories. They were forced to sell their beautiful home, we mourned the loss of our garden refuge, another victim of government negligence and unsafe construction practices. The lack of oversight and governance by government and local council created the environment for this tragedy to unfold, highlighting the necessity for more responsibilities and protection for owners.
As we grapple with the aftermath of this ordeal, we are left to consider: What recourse do homeowners have when their greatest financial investment are made vulnerable by the neglect of dodgy builders?
How to Start - Voting the Best and Worst Building Companies in Australia..?
The Insolvent, Suspect, and the end of CompanyToplace's Billion-Dollar Empire
from Aug 2023
A Bankrupt building adviser was comprehensively solicitous with getting his insolvent business a very profitable construction contract — oversight of the dissolution of Failed Jean Nassif's property empire, which sunk under financial obligations in excess of $1.24 billion, inclusive $88.5 million owed to suppliers and onsite builders.
Brand New revelations about the ruin of Nassif's Toplace group have come out in documents presented to the Australian Federal Court this recently by bankruptcy managers from dVT Group. These papers reveal that secured creditors, such as banks with mortgages on Toplace properties and offshore lenders in tax havens like the British Virgin Islands, are owed $1 billion.
More Relevant Information:
Riad Tayeh, Jean Nassif, and Toplace's Skyview building development in Castle Hill.
Creditors without Security, have made claims totalling an est. quarter of a billion.
Court filed claims also indicate that Riad Tayeh, founder of dVT Group of companies, played a fundamental role in assuring his firm's designation as administrators. Despite being declared bankrupt in May 2022 with millions in debt in debt, Tayeh, now a consultant, and partner Antony Resnick went to crucial meetings with Toplace top managers in the weeks leading up to the companies appointment as bankruptcy administrators.
Included in those attending the meetings on June 2020 was Jean Nassif's 29-year-old daughter, Ashlyn, whose Certificate to practice Law was suspended while she fights charges relating to fraud tied to Toplace's Skyview development in Castle Hill.
Riad Tayeh was charged financially bankrupt in July last year.
Just before the meetings, a warrant was issued for the arrest of Jean Nassif, 55, who fled Sydney for Dubai in November 2022. Jean and Ashlyn Nassif are accused of creating false documentation to secure a $150 million loan from Westpac.
In August, Resnick and fellow dVT partner Suelen McCallum were appointed voluntary administrators for Toplace, following a resolution passed by Jean Nassif, Toplace's sole director, via email just hours prior. The administrators now face the task of handling one of New South Wales' biggest corporate bankruptcy's.
Resnick filed an affidavit in the Federal Court indicating that while Toplace's assets are valued at approximately $1.47 billion, its debts are nearly the same amount. Despite this, several owners' corporations have filed claims amounting to nearly $124 million to address serious defects in Toplace's buildings.
Further complicating the administrators' task is the web of intercompany loans among Nassif's entities, which amount to $319 million. adding that Toplace's financial books had not been properly updated since 2021.
Sydney Buildings Falling Down... Nightmare on Builders Street?!
Continuing from my opinion piece "Holding the Line" (https://shorturl.at/4xbiF), the following stories outline a persistent sickness within the Sydney housing and property market. Despite recently updated NSW Building Property legislation, many investors are forced to buy homes that do not guarantee the safety of their money and investment.
These stories often go unnoticed and become the burden of socially righteous politicians in search of votes. The diminishing hope that government and local councils will provide a safe pair of hands for Australians striving to live the Aussie homeowner dream is disheartening.
Failures of Governance
- New Tower Block Evacuated Amid Cracks Concern: (https://t.ly/8b5Xd)
- Opal Tower Evacuation Amid Structural Concerns: (https://t.ly/vy_eG)
Betrayal Behind the Walls: A Neighbor's Ordeal
In the heart of Alexandria stood my friends David and Anne's sanctuary—a walled garden amidst the chaos of city streets. For 30 years, it was a place of solace and safety. David, an esteemed architect, had graced our community with numerous urban projects, none as beloved as the Lawrence Street Victorian conversion. Hailed as a masterpiece, it blended old-world charm with modern elegance.
The Victorian conversion featured a two-storey addition and renovations to a late Victorian terrace, highlighted by a light tower soaring above the main structure with suspended stairs. French windows adorned the bedroom, while timber casement windows in the bathroom welcomed views and filtered light.
As the design set a precedent, builders and designers began poaching the concept. Paul Meek, a builder, purchased the single-storey terrace adjoining my friends' and sought to incorporate David's design concept into his new renovation.
Life was reasonable until Meek began demolishing the upper walls and roof of his terrace, causing horrendous noise and damage to David and Anne's wall. When confronted, Meek revealed large cracks on their wall but refused entry for inspection.
Eventually, David hired an unbiased engineer to inspect the wall at his and Anne's expense, as the City of Sydney had failed to include a Dilapidation Report in Meek's Development Consent.
The wall damage was just the beginning. David and Anne experienced flat car tires from builders' screws, water damage in their home, and other disruptive issues. Despite legal advice, they struggled to hold Meek accountable. Offers from Meek to repair the damage were refused, and my friends settled for a small sum for walls and ceiling damage.
Meek's negligence continued with a faulty stormwater system, causing further damage and concerns about termite risks. Complaints to the Council and Building Certifier were dismissed, leading to a futile letter of demand from David's solicitor.
After repeated flooding incidents and confrontations, David and Anne sought conciliation through the NSW Community Justice Centre, but the Meeks refused. Left with no choice, David and Anne sold their house and retired to the NSW far south coast. The legitimacy of private certifiers approving building works remains under scrutiny by State and Local Government and Royal Commission investigations.
Conclusion
"We did everything we could to resolve these issues; however, although we received minor compensation, it was nothing compared to the stress we endured trying to get our neighbor to build responsibly, and a state government and local council who could do nothing to protect us due to a lack of proper governance."
Australian homeowners are left to ponder: What other disasters are waiting to destroy their dreams? What recourse do house, apartment, and property owners have when their sanctuaries are threatened by greed, incompetence, and negligence? Even with recent legislation in NSW, it fails to provide complete protection for homeowners.