Subversiveness the Other-side of Shared Partition: A Neighbour's Fateful Impact on Our Award winning Refuge
In the heart of Alexandria, Melbourne stood our loving sanctuary of some 30 years, a secret special architecturally designed house and garden in the middle of the storm of the city streets. For 30 years, it was a gorgeous home of comfort, a haven of beauty and safety.
As an honoured architect creator, my friend had tirelessly provided to our community with numerous municipal design proposals, but of these none were more beloved that the progressive design of the Lawrence Street, Alexandria, Victorian conversion. Conspicuously in the Sydney Morning Herald, it was applauded as a creative masterpiece, blending old-world appeal with neo elegance.
The Victorian transmutation was a testament to architectural inventiveness—a two-story build and renovations to a Victorian style semi-attached, offering a house for a small family and a studio. The premier feature was the light tower, soaring above the main structure with floating stairs, acquiring the essence of the southeastern and northwestern sky. French style sash windows dressed the main bedroom, while timber casement windows embellish in the bathroom frame the views and filter the light.
However, our idyllic existence was shattered when a new neighbour, a builder, moved in next door. Initially welcomed with open arms, his actions soon created absolute chaos threatening the safety of everyone in the area. Without due diligence, he began demolishing a major supporting wall on our property, the main load supporting wall of our master bedroom. At one point he had setup 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 discovered that the intermediate wall did not meet the legal fire rating, a critical omission that threatened everyone's safety. Despite our pressing efforts to rectify the problem with the neighbour's and contacting the council, the council said the builder's inspector had already approved on the building renovations, providing no recourse and leaving us vulnerable to fire.
In spite of getting a legal decision in their favour and compensation for restitution, the emotional toll was abysmal and created many unpleasant memories. They decided to sell their beautiful home, we mourned the loss of our garden refuge, another victim of proper government oversight and dodgy construction practices. The lack of proper oversight and governance by local government allowed this tragedy to unfold, heightening the demand for more responsibilities and legal protection for owners.
As we wrestle with the effects of this experience, we are left to consider: What recourse do owners have when their sanctuaries are made vulnerable by the carelessness of dodgy construction companies?
When to Commence - Pick the Competent and Worst Building Companies in Commonwealth of Australia..?
The Insolvent, Suspect, and the Collapse of CompanyBillion Dollar Regime Toplace
from Oct 2023
A Fugitive consultant was extensively solicitous with acquiring his insolvent registered company a very lucrative construction contract — oversight of the dissolution of Insolvent Jean Nassif's corporate empire, which drowned under debts surpassing $1.24 billion, inclusive $88.5 million owed to suppliers and tradespeople.
New revelations about the downfall of Nassif's Toplace group have surfaced in documents given to the Australian Federal Court this recently by bankruptcy administrators from dVT Group of Companies. These documents show that secured creditors, such as banks with mortgages on Toplace properties and offshore lenders in tax havens like the British Virgin Islands, are owed one thousand million.
Further Applicable Information:
Jean Nassif, and Toplace's Skyview construction in Castle Hill.
Unsecured creditors, have made claims with a total estimated $244 million.
Federal Court claims also show that Riad Tayeh, founder of dVT Group, which was involved in a fundamental duty in assuring his companies appointment as bankruptcy administrators. Even though being proclaimed bankrupt in June last year with $5.4 million in debt, Tayeh, now a business consultant, and business colleague Antony Resnick went to important business meetings with Toplace top managers in the period leading up to the firm's appointment as bankruptcy managers.
Among those involved at the meetings on July 2020 was Jean Nassif's 29-year-old daughter, Ashlyn, whose legal certificate has been suspended while she fights charges relating to fraud tied to Toplace's Skyview building development in Castle Hill.
Riad Tayeh was legally insolvent in June last year.
Just days 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 fraud to secure a $150 million loan from Westpac.
In July, Resnick and fellow dVT partner Suelen McCallum were made voluntary 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 NSW's 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. Administrators are also investigating more than 3,000 residential apartments still under development.
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.
