Betrayal the Other-side of Connected Wall: A Neighbour Disastrous Effect on Our Idyllic Home from Malcolm Malouff's blog

Treachery Behind of Shared Wall: A Neighbour's Disastrous Effect on Our Award winning Shelter

In the CBD of Alexandria Melbourne, Australia we had renovated our gorgeous sanctuary of 30 years, a walled special architecturally designed house and garden amidst the chaos of its streets. For 30 years, it was a gorgeous refuge of solace, a shelter of beauty and asylum.

As an honoured architect creator, my friend had tirelessly provided to our city of Sydney with many urban proposals, but of these none were more personal and loved that the modern design of the Lawrence Street, Alexandria, Victorian style conversion. Featured in the Sydney Morning Herald, it was applauded as a masterpiece, weaving old-world charm with neo elegance.

The Victorian conversion was a creed to architectural ingenious—a two-story build and conversion to a Victorian semi-attached, offering a home for a family and a home office. The highlight was the light tower, far above the main structure with suspended stairs, capturing the core of the south east and north west skies. French style sash windows dressed the master bedroom, while timber casement windows decorate in the bathroom welcomed views and filtered light.

However, our idyllic lifestyle was shattered when a new neighbour, a fencing contractor, entered the scene next door. Initially welcomed, his actions soon turned our lives upside down threatening the safety of everyone in the area. Without due diligence, he began demolishing our brick supporting wall, the main load supporting wall of our bedroom. At one point he had setup a hose from his roof diverted water into our upstairs studio, causing several thousand dollars damage to our property and undermining its structural integrity.

To compound matters, we discovered that the intermediate wall did not meet the legal fire rating, a critical oversight that endangered our safety. Despite our pressing efforts to seek resolution the issue with the neighbour's and contacting the council, the council said the builder's inspector had already signed off on the project, providing no recourse and leaving us vulnerable to harm.

Despite getting a judgement in their favour and compensation for restitution, 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 proper government oversight and dangerous building practices. The lack of oversight and governance by local government allowed this tragedy to unfold, highlighting the need for more accountability and protection for owners.

As we grapple with the aftermath of this trial, we are left to consider: What assistance do house owners have when their sanctuaries are threatened by the carelessness of others?

How to Commence - Voting the Competent and Inept Builders in Australia..?

The Bankrupt, Accused, and the ending of CompanyBillion Dollar Regime Toplace

from June 2023

A Defendant building adviser was extensively involved with obtaining his insolvent business a very lucrative job — supervising the dissolution of Suspect Jean Nassif's property empire, which sunk under liabilities surpassing $1.24 billion, including $88.5 million owed to suppliers and onsite builders.

Brand New revelations about the ruin of Nassif's Toplace group of compaines have emerged in documented evidence shown to the Australian Federal Court this month by bankruptcy administrators from dVT Group of Companies. These papers reveal that secured creditors such as banks with mortgages, are owed $1 billion.

More Applicable Information:

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

Unsecured creditors, have made claims totalling an est. $244 million.

Court filed claims also indicate that Riad Tayeh, company founder of dVT Group of companies, played a fundamental duty in assuring his businesses assignment as bankruptcy managers. In spite of being announced financially bankrupt in May 2022 with several million in debt, Tayeh, now a business advisor, and partner Antony Resnick went to crucial meetings with Toplace top managers in the weeks leading up to the firm's appointment as administrators.

Among those at the meetings on May 2020 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 tied to Toplace's Skyview development in Castle Hill.

Riad Tayeh was declared financially bankrupt in July last year.

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 creating false documentation to secure a $150 million loan from Westpac.

In June, Resnick and fellow dVT partner Suelen McCallum were made voluntary bankruptcy managers for Toplace, following a resolution passed by Jean Nassif, its sole director The bankruptcy administrators now face the task of handling one of Australia's biggest corporate bankruptcy's.

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. Get More Info 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.


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By Malcolm Malouff
Added Nov 1

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