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Betrayal Behind of Connected Partition: A Neighbour's Fateful Impact on Our Award winning Home
In the heart of Alexandria Melbourne, Australia stood our beautiful refuge of some 30 years, a walled garden in the middle of the noise of the city. For 30 years, it was a beautiful place of solace, a shelter of beauty and safety.
As an honoured architect designer, my friend had tirelessly provided to our community with many urban creative proposals, but of these none were more personal and loved that the progressive design of the Lawrence Street, Alexandria, Sydney, Victorian. Featured in the Sydney Morning Herald, it was acclaimed as a masterpiece, blending Victorian appeal with neo elegance.
The Victorian transformation was a testament to architectural ingenuity—a three-story build and renovations to a late Victorian terrace, offering a home for a family and a home office. The highlight was the light tower, far above the main structure with floating stairs, acquiring the essence of the southeastern and northwestern skies. French sash windows adorned the main bedroom, while timber casement windows embellish in the bathroom welcomed views and filtered light.
However, our idyllic existence was shattered when a new neighbour, a builder, entered the scene next door. Initially welcomed, his actions soon turned our lives upside down threatening the safety of everyone in the area. Without warning, he began demolishing our brick supporting wall, the major load supporting wall of our master bedroom. At one period of time he had constructed a hose from his roof diverted water into our upstairs studio, causing over some several thousand dollars damage to our property and undermining its structural integrity.
In addition to outline the absolute lack of building experience, we through investigation found that the intermediate wall did not meet the legal fire rating, a major omission that endangered our safety. In spite of our pressing efforts to seek resolution the issue with the builder and contacting the council, we were informed the builder's inspector had already approved on the building renovations, ignoring our concerns and leaving us open to fire.
In spite of getting a judgement in their favour and recompense for restitution, the toll was abysmal and created many unpleasant memories. They were forced to sell their beloved home, we mourned the loss of our garden refuge, another casualty of government negligence and dodgy construction practices. The lack of oversight and appropriate governance by government and local council allowed this tragedy to unfold, highlighting the necessity for greater accountability and legal protection for owners.
As we wrestle with the consequence of this experience, we are left to consider: What help do homeowners have when their sanctuaries are threatened by the negligence of dodgy construction companies?
Where to Start - Pick the Capable and Unqualified Builders in Commonwealth of Australia..?
The Insolvent, Accused, and the end of Property CorporationToplace
from Aug 2023
A Defendant consultant played a important role in securing his insolvency corporation a highly lucrative job — supervising the disintegration of Suspect Jean Nassif's property empire, which sunk under financial obligations exceeding $1.24 billion, inclusive $88.5 million payable to suppliers and sub-contractors.
Fresh revelations about the downfall of Nassif's Toplace group have come out in documented evidence shown to the Federal Court this recently by administrators from dVT Group. These papers uncover that secured creditors such as banks with mortgages, are owed $1 billion.
More Applicatory Information:
Jean Nassif, and Toplace's Skyview development in Castle Hill.
Unsecured creditors, have issued financial claims with a total estimated quarter of a billion.
Australian Federal Court claims also indicate that Riad Tayeh, company founder of dVT Group, played a fundamental responsibility in securing his companies designation as administrators. Even though being proclaimed insolvent in May 2022 with $5.4 million in debt, Tayeh, now a consultant, and partner Antony Resnick went to essential meetings with Toplace top managers in the weeks leading up to the companies appointment as bankruptcy managers.
Among those involved at the meetings on July 2020 was Jean Nassif's 29-year-old daughter, Ashlyn, whose Certificate to practice Law was suspended while she fights charges relating to fraud bound to Toplace's Skyview building development in Castle Hill.
Riad Tayeh was declared insolvent in May last year.
Just days before the meetings, a warrant was issued for the arrest of Jean Nassif, 55, who fled Sydney for Dubai in October 2022. Jean and Ashlyn Nassif are accused of creating false documentation to secure a $150 million loan from Westpac.
In June, Resnick and fellow dVT partner Suelen McCallum were made voluntary bankruptcy 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 Australia's largest corporate collapses.
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 a staff member suggested there may be another $400 million in loans involving Nassif entities that are not yet under administration. 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.