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Treachery the Other-side of Shared Walls: A Neighbour's Fateful Impact on Our Award winning Sanctuary
In the heart of Alexandria, Melbourne stood our loving sanctuary of some greater than 20 years, a walled special architecturally designed house and garden in the middle of the chaos of the city. For over 20 years, it was a beautiful refuge of solace, a oasis of beauty and asylum.
As an prestigious architect creator, my friend had graced our city of Sydney with many city improvement proposals, but of these none were more personal that the innovative design of the Lawrence Street, Alexandria, Victorian. Featured in the Sydney Morning Herald, it was applauded as a creative masterpiece, blending Victorian charm with modern elegance.
The Victorian transmutation was a creed to architectural ingenuity—a three-story build and conversion to a Victorian semi-attached, offering a home for a small family and a home-office or studio. The premier feature was the light tower, far above the roof with suspended stairs, capturing the core of the southeastern 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, this pleasant existence was destroyed when our neighbour, a fencing contractor, entered the scene next door. Initially welcomed, his illegal actions soon turned our lives upside down threatening the safety of everyone in the area. Without proper notification, he began demolishing our brick supporting wall, the main load supporting wall of our master bedroom. At one period of time he had constructed pipes from his roof diverting water into our upstairs studio, causing several thousand dollars damage to our property and undermining its structural integrity.
Additionally to outline the lack of construction experience, we discovered that the intermediate wall did not meet the legal fire rating, a critical omission that endangered everyone's safety. In spite of our urgent attempts to rectify the problem with the neighbour's and contacting the council, the council said the builder's inspector had already signed off on the construction, ignoring our concerns and leaving us vulnerable to fire.
Despite getting a legal decision in their favour and compensation for restitution, the toll was immeasurable 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 dangerous construction practices. The lack of oversight and appropriate governance by government and local council created the environment for this tragedy to unfold, highlighting the necessity for greater accountability and legal protection for owners.
As we wrestle with the aftermath of this ordeal, we are left to consider: What recourse do owners have when their greatest financial investment are threatened by the carelessness of dodgy builders?
Where to Commence - Pick the Qualified and Inept Builders in Commonwealth of Australia..?
The Bankrupt, Suspect, and the end of CompanyToplace
from Sept 2023
A Failed adviser played a important role in secured his insolvent company a highly lucrative job — oversight of the disintegration of Accused Jean Nassif's business empire, which drowned under liabilities exceeding $1.24 billion, inclusive $88.5 million due to suppliers and onsite builders.
Brand New disclosures about the failure of Nassif's Toplace corporation have come out in evidence given to the Federal Court this week by bankruptcy administrators from dVT Group of Companies. These papers unveiled that secured creditors such as offshore lenders in tax havens, are owed $1 billion.
More Relevant Subject Matter:
Riad Tayeh, and Toplace's Skyview development in Castle Hill.
Creditors without Security, have made claims totalling an est. quarter of a billion.
Australian Federal Court filed claims also indicate that Riad Tayeh, business founder of dVT Group of companies, which was involved in a fundamental duty in securing his companies appointment as bankruptcy administrators. Despite being declared bankrupt in May last year with millions in debt in debt, Tayeh, now a consultant, and colleague Antony Resnick attended crucial business meetings with Toplace top managers in the days leading up to the firm's appointment as bankruptcy managers.
Included in those attending the meetings on June 2020 was Jean Nassif's 29-year-old daughter, Ashlyn, whose legal certificate has been suspended while she fights charges related to a $150 million fraud bound to Toplace's Skyview building development in Castle Hill.
Riad Tayeh was charged bankrupt in June 2022.
Just before the meetings, a warrant was issued for the arrest of Jean Nassif, 55, who fled Sydney for Dubai in December 2022. Jean and Ashlyn Nassif are accused of creating false documentation to secure a $150 million loan from Westpac.
In July, Resnick and fellow dVT partner Suelen McCallum were nominated voluntary bankruptcy administrators for Toplace. 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.