Betrayal Backside of Shared Partition: A Neighbour's Fateful Impact on Our Idyllic Refuge
In the CBD of Alexandria Melbourne, Australia we had renovated our gorgeous refuge of 30 years, a concealed special architecturally designed house and garden amidst the storm of the city streets. For greater than 20 years, it was a loving refuge of comfort, a shelter of shimmering beauty and sanctuary.
As an esteemed architect designer, my friend had donated to our community with numerous municipal proposals, but of these none were more personal that the innovative design of the Lawrence Street, Sydney, Australia, Victorian. Conspicuously in the Sydney Morning Herald, it was acclaimed as a masterpiece, blending Victorian appeal with modern-day elegance.
The Victorian transmutation was a testament to architectural ingenuity—a two and 1/2-story addition and renovations to a Victorian style semi-attached, offering a house for a family and a home office. The premier feature was the light tower, soaring above the main structure with floating stairs, capturing the essence of the southeastern and north west sky. French sash windows adorned the master bedroom, while timber casement windows embellish in the bathroom frame the views and filter the light.
However, our idyllic existence was destroyed when our neighbour, a builder, 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 warning, he began demolishing a major supporting wall on our property, the major load-bearing wall of our master bedroom. At one stage he had setup pipes from his roof diverted water into our office, causing over some several thousand dollars damage to the upstairs rooms, and undermining the footing of the house.
Further to outline the absolute lack of building experience, we discovered that the intermediate wall lacked the required fire rating, a major oversight that threatened our well-being. In spite of our urgent endeavours to rectify the issue with the builder and contacting the council, the council said the builder's inspector had already signed off on the building renovations, providing no recourse and leaving us open to harm.
Despite receiving a legal decision in their favour and recompense for the damages incurred, the emotional toll was abysmal and created many unpleasant memories. They decided to sell their beloved home, we mourned the loss of our award winning sanctuary, another casualty of proper government oversight and dangerous construction practices. The lack of oversight and governance by government and local council allowed this tragedy to unfold, highlighting the necessity for more accountability and protection for homeowners.
As we wrestle with the effects of this experience, we are left to ponder: What recourse do house owners have when their sanctuaries are threatened by the carelessness of others?
How to Begin - Pick the Capable and Unqualified Building Companies in Australia..?
The Failed, Fugitive, and the Collapse of Property CorporationToplace
from Sept 2023
A Bankrupt consultant played a important part in securing his insolvent corporation a highly lucrative job — oversight of the dissolution of Defendant Jean Nassif's business empire, which went under liabilities surpassing $1.24 billion, including $88.5 million due to suppliers and onsite builders.
New disclosures about the downfall of Nassif's Toplace group of compaines have appeared in evidence presented to the Federal Court this week by administrators from dVT Group of Companies. These papers reveal that secured creditors such as banks with mortgages, are owed one thousand million.
More Relevant Information:
Riad Tayeh, Jean Nassif, and Toplace's Skyview development in Castle Hill.
Unsecured creditors, have filed claims totalling an est. $244 million.
Court filed claims also show that Riad Tayeh, company founder of dVT Group, which played a key responsibility in guaranteeing his businesses designation as administrators. In spite of being declared bankrupt in July 2022 with several million in debt, Tayeh, now a business consultant, and business colleague Antony Resnick attended important business meetings with Toplace executives in the days leading up to the firm's appointment as bankruptcy 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 construction development in Castle Hill.
Riad Tayeh was charged bankrupt in June last year.
Just 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 falsifying contracts to secure a $150 million loan from Westpac.
In August, Resnick and fellow dVT partner Suelen McCallum were appointed voluntary bankruptcy administrators for Toplace. by Jean Nassif, its sole director The bankruptcy managers now face the task of handling one of New South Wales' 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. 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. 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.
