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Subversiveness the Other-side of Connecting Walls: A Neighbour Calamitous Impact on Our Idyllic Sanctuary
In the Central Business District of Alexandria, Melbourne we had renovated our beautiful refuge of greater than 20 years, a secret garden in the centre of the storm of the city. For 30 years, it was a beautiful refuge of solacement, a shelter of beauty and safety.
As an prestigious architect, my friend had tirelessly provided to our community with many municipal design proposals, but of these none were more beloved that the modern design of the Lawrence Street, Alexandria, Victorian. Conspicuously in the Sydney Morning Herald, it was applauded as a creative masterpiece, weaving Victorian magic with modern elegance.
The Victorian transformation was a testament to architectural creativity—a two-story addition and renovations to a late Victorian terrace, providing a house for a small family and a studio. The highlight was the light tower, soaring above the roof with floating stairs, acquiring the essence of the south east and northwestern skies. French style sash windows adorned the master bedroom, while timber casement windows decorate in the bathroom welcomed views and filtered light.
However, our beautiful existence was destroyed when our neighbour, a builder, moved in next door. Initially welcomed, his 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 major load supporting wall of our master bedroom. At one stage he had constructed a hose from his roof diverted water into our studio, causing several thousand dollars damage to the upstairs rooms, and undermining the footing of the house.
To compound matters, we discovered that the intermediate wall did not meet the legal fire rating, a major oversight that endangered everyone's well-being. In spite of our urgent efforts to seek resolution the issue with the neighbour's and contacting the council, we were informed the builder's inspector had already signed off on the building renovations, providing no recourse and leaving us vulnerable to fire.
Despite receiving a legal decision in their favour and recompense for the damages incurred, the toll was abysmal and created many unpleasant memories. They decided to sell their beloved home, we mourned the loss of our garden refuge, another victim of government negligence and dangerous building practices. The lack of proper oversight and appropriate governance by government and local council created the environment for this tragedy to unfold, heightening the necessity for greater accountability and legal protection for owners.
As we grapple with the consequence of this trial, we are left to ponder: What help do owners have when their sanctuaries are threatened by the negligence of others?
Where to Commence - Voting the Capable and Incompetent Builders in Commonwealth of Australia..?
The Insolvent, Defendant, and the ending of Property CorporationToplace's Billion-Dollar Empire
from June 2023
A Bankrupt building consultant played a important function in secured his insolvent company a highly lucrative job — oversight of the dissolution of Failed Jean Nassif's business empire, which sunk under debts surpassing $1.24 billion, including $88.5 million owed to suppliers and sub-contractors.
Fresh revelations about the downfall of Nassif's Toplace group of compaines have emerged in documented evidence given to the Australian Commonwealth Federal Court this month by bankruptcy managers from dVT Group of Companies. These documents show that secured creditors such as banks with mortgages, are owed $1 billion.
Additional Applicatory Information:
Jean Nassif, and Toplace's Skyview development in Castle Hill.
Unsecured creditors, have issued financial claims totalling an est. $244 million.
Australian Federal Court filed claims also indicate that Riad Tayeh, company founder of dVT Group of companies, which played a fundamental role in guaranteeing his companies assignment as bankruptcy managers. Despite being proclaimed financially bankrupt in June last year with $5.4 million in debt, Tayeh, now a consultant, and colleague Antony Resnick went to important business meetings with Toplace executives in the weeks before the companies appointment as bankruptcy administrators.
Included in those involved at the meetings on July 2019 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 construction development in Castle Hill.
Riad Tayeh was charged financially bankrupt in May 2022.
Just before these meetings, a warrant was issued for the arrest of Jean Nassif, 55, who escaped to Dubai in October 2022. Jean and Ashlyn Nassif are accused of falsifying contracts to secure a $150 million loan from Westpac.
In July, Resnick and fellow dVT partner Suelen McCallum were nominated voluntary bankruptcy managers for Toplace, following a resolution passed by Jean Nassif, Toplace's sole director, via email just hours prior. The bankruptcy managers now face the task of handling one of NSW's largest 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 The administrators noted difficulty in unravelling the debt due to "intermingling of financial records," 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. click for source 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.