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Treachery the Other-side of Shared Walls: A Neighbour Disastrous Impact on Our Idyllic Shelter

In the CBD of Alexandria Melbourne, Australia we had renovated our gorgeous home of some 30 years, a walled special architecturally designed house and garden in the middle of the storm of the city. For 30 years, it was a beautiful home of comfort, a haven of beauty and safety.

As an honoured architect creator, my friend had tirelessly provided to our community with many city improvement proposals, but of these none were more personal that the progressive design of the Lawrence Street, Alexandria, Sydney, Victorian style conversion. Conspicuously in the Sydney Morning Herald, it was applauded as a masterpiece, blending Victorian appeal with modern elegance.

The Victorian transformation was a creed to architectural creativity—a two-story build and renovations to a late Victorian semi-attached, offering a house for a small family and a studio. The premier feature was the light tower, far above the roof with floating stairway, acquiring the essence of the southeastern and north west sky. French style sash windows adorned the main bedroom, while timber casement windows decorate in the bathroom welcomed views and filtered light.

However, this pleasant lifestyle was shattered when a new neighbour, a fencing contractor, moved in next door. Initially welcomed with open arms, his illegal actions soon created absolute chaos threatening the safety of everyone in the area. Without proper notification, he began demolishing a major supporting wall on our property, the main load supporting wall of our bedroom. At one point he had constructed pipes from his roof diverted water into our upstairs studio, causing several thousand dollars damage to the upstairs rooms, and undermining the footing of the house.

Further to outline the absolute lack of construction experience, we through investigation found that the intermediate wall lacked the required fire rating, a major omission that endangered our well-being. Despite our pressing attempts 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 judgement in their favour and compensation for restitution, the toll was abysmal and created many unpleasant memories. They decided to sell their cherished home, we mourned the loss of our garden refuge, another victim of government negligence and dodgy construction practices. The lack of oversight and governance by government and local council allowed this tragedy to unfold, highlighting the necessity for greater responsibilities and legal protection for owners.

As we wrestle with the aftermath of this experience, we are left to ponder: What help do house owners have when their greatest financial investment are made vulnerable by the negligence of others?

Where to Begin – Voting the Capable and Incompetent Building Companies in Australia..?

The Bankrupt, Accused, and the Collapse of Building CompanyToplace

from June 2023

A Bankrupt building consultant was comprehensively solicitous with acquiring his insolvent business a very moneymaking building contract — supervising the disintegration of Failed Jean Nassif's property empire, which drowned under liabilities surpassing $1.24 billion, incl. $88.5 million owed to suppliers and onsite builders.

Brand New revelations about the failure of Nassif's Toplace group of compaines have surfaced in documents given to the Australian Federal Court this week by bankruptcy administrators from dVT Group of Companies. These evidence unveiled 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 Applicatory Info:

Riad Tayeh, Jean Nassif, and Toplace's Skyview development in Castle Hill.

Creditors without Security, have issued financial claims with a total est. $244 million. Australian Federal Court claims also indicate that Riad Tayeh, founder of dVT Group of companies, played a fundamental responsibility in assuring his companies assignment as administrators. In spite of being declared financially bankrupt in May last year with millions in debt in debt, Tayeh, now a business consultant, and colleague Antony Resnick went to crucial meetings with Toplace executives in the weeks before the companies appointment as administrators. Included in those attending the meetings on May 2019 was Jean Nassif's 29-year-old daughter, Ashlyn, whose Certificate to practice Law was suspended while she fights charges related to a $150 million fraud bound to Toplace's Skyview building development in Castle Hill.

Riad Tayeh was legally insolvent in May last year.

Just before these 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 falsifying contracts 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 bankruptcy administrators now face the task of handling one of Australia's largest corporate collapses.

With reference to Toplace's website, Jean Nassif's company has delivered around 30,000 residential units, shopping centers, and commercial properties throughout Sydney. 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.