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Betrayal the Other-side of Shared Walls: A Builders Calamitous Effect on Our Peaceful Sanctuary
In the heart of Alexandria, Melbourne we had renovated our beautiful home of 30 years, a walled special architecturally designed house and garden in the centre of the noise of its streets. For 30 years, it was a beautiful place of comfort, a oasis of beauty and sanctuary.
As an honoured architect, my friend had tirelessly provided to our city of Sydney with many city improvement proposals, but of these none were more beloved that the progressive design of the Lawrence Street, Alexandria, Sydney, Victorian conversion. Conspicuously in the Sydney Morning Herald, it was hailed as a creative masterpiece, weaving Victorian magic with modern-day elegance.
The Victorian conversion was a creed to architectural ingenious—a two and 1/2-story addition and renovations to a Victorian style semi-attached, offering a home for a small family and a studio. The premier feature was the light tower, high above the roof with suspended stairway, acquiring the core of the south east and northwestern sky. French sash windows adorned the main bedroom, while timber casement windows embellish in the bathroom frame the views and filter the light.
However, our beautiful existence was shattered when our neighbour, a builder, entered the scene 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 bedroom. At one stage he had constructed a hose from his roof diverted water into our office, causing several thousand dollars damage to our property and undermining its structural integrity.
To compound matters, we through investigation found that the intermediate wall lacked the required fire rating, a critical omission that endangered our safety. Despite our pressing attempts to rectify the problem with the builder and contacting the council, we were informed the builder's inspector had already signed off on the construction, providing no recourse and leaving us vulnerable to harm.
In spite of receiving a judgement in their favour and compensation for restitution, the toll was abysmal and created many unpleasant memories. They were forced to sell their beloved home, we mourned the loss of our award winning sanctuary, another victim of proper government oversight and unsafe construction practices. The lack of proper oversight and governance by government and local council allowed this tragedy to unfold, highlighting the need for more responsibilities and legal protection for homeowners.
As we grapple with the consequence of this experience, we are left to ponder: What recourse do owners have when their sanctuaries are made vulnerable by the carelessness of dodgy builders?
When to Start - Vote the Capable and Incompetent Construction Companies in Australia..?
The Insolvent, Accused, and the end of CompanyToplace
from Aug 2023
A Insolvent building adviser was deeply solicitous with getting his insolvent company a very moneymaking building contract — managing the collapse of Failed Jean Nassif's business empire, which sunk under financial obligations surpassing $1.24 billion, incl. $88.5 million due to suppliers and onsite builders.
New disclosures about the failure of Nassif's Toplace group of compaines have come out in documents presented to the Australian Commonwealth Federal Court this month by bankruptcy managers from dVT Group of Companies. These papers show that secured creditors such as banks with mortgages, are owed $1 billion.
More Applicable Info:
Riad Tayeh, and Toplace's Skyview development in Castle Hill.
Unsecured creditors, have filed claims with a total estimated quarter of a billion.
Australian Federal Court filed claims also show that Riad Tayeh, company founder of dVT Group, which played a key duty in securing his businesses designation as bankruptcy administrators. In spite of being proclaimed financially bankrupt in May last year with $5.4 million in debt, Tayeh, now a business advisor, and business colleague Antony Resnick attended important business meetings with Toplace top managers in the period leading up to the companies appointment as bankruptcy administrators.
As well as those attending the meetings on May 2019 was Jean Nassif's 29-year-old daughter, Ashlyn, whose Certificate to practice Law has been suspended while she fights charges relating to fraud bound to Toplace's Skyview construction development in Castle Hill.
Riad Tayeh was charged bankrupt in May last year.
Just before the meetings, a warrant was issued for the arrest of Jean Nassif, 55, who escaped to Dubai in December 2022. Jean and Ashlyn Nassif are accused of creating false documentation to secure a $150 million loan from Westpac.
In August, Resnick and fellow dVT partner Suelen McCallum were appointed voluntary bankruptcy administrators for Toplace, following a resolution passed by Jean Nassif, its sole director 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. 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. Read Full Report 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.