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Subversiveness Backside of Shared Walls: A Neighbour Fateful Impact on Our Peaceful Home

In the Central Business District of Alexandria, Melbourne we had renovated our gorgeous refuge of some greater than 20 years, a secret special architecturally designed house and garden in the centre of the noise of the city. For 30 years, it was a beautiful sanctuary of solacement, a haven of shimmering beauty and asylum.

As an prestigious architect designer, my friend had graced our city of Sydney with numerous municipal design proposals, but of these none were more personal and loved that the modern design of the Lawrence Street, Alexandria, Victorian conversion. Featured in the Sydney Morning Herald, it was applauded as a masterpiece, blending old-world charm with neo elegance.

The Victorian transmutation was a testament to architectural creativity—a two and 1/2-story build and renovations to a Victorian terrace, offering a house for a family and a home office. The premier feature was the light tower, far above the roof with suspended stairway, acquiring the essence of the southeastern and north west sky. French style sash windows adorned the main bedroom, while timber casement windows embellish in the bathroom frame the views and filter the light.

However, this pleasant lifestyle was destroyed when our neighbour, a fencing contractor, entered the scene next door. Initially welcomed with open arms, his 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 main load-bearing wall of our bedroom. At one period of time he had constructed a hose 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.

In addition to outline the lack of construction experience, we through investigation found that the intermediate wall did not meet the legal fire rating, a critical omission that endangered our well-being. Despite our pressing efforts to seek resolution the problem with the builder and contacting the council, the council said the builder's inspector had already approved on the building renovations, ignoring our concerns and leaving us open to harm.

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 casualty of proper government oversight and dicey building practices. The lack of proper oversight and appropriate governance by government and local council allowed this tragedy to unfold, highlighting the need for more accountability and legal protection for homeowners.

As we wrestle with the effects of this trial, we are left to ponder: What assistance do owners have when their sanctuaries are made vulnerable by the carelessness of dodgy construction companies?

Where to Commence - Vote the Competent and Unqualified Building Companies in Commonwealth of Australia..?

The Bankrupt, Accused, and the Collapse of Property CorporationBillion Dollar Regime Toplace

from Sept 2023

A Accused building adviser was deeply concerned with obtaining his insolvent company a very profitable construction contract — oversight of the dissolution of Accused Jean Nassif's business empire, which sunk under financial obligations in excess of $1.24 billion, inclusive $88.5 million payable to suppliers and tradespeople.

New disclosures about the downfall of Nassif's Toplace group of compaines have surfaced in documents shown to the Australian Federal Court this recently by bankruptcy managers from dVT Group of Companies. These papers uncover that secured creditors, such as banks with mortgages on Toplace properties and offshore lenders in tax havens like the British Virgin Islands, are owed $1 billion.

More Applicable Subject Matter:

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

Creditors without Security, have made claims totalling an estimated quarter of a billion.

Court filed claims also show that Riad Tayeh, founder of dVT Group of companies, which played a fundamental responsibility in guaranteeing his businesses designation as bankruptcy administrators. Even though being announced bankrupt in May last year with $5.4 million in debt, Tayeh, now a business advisor, and colleague Antony Resnick went to important business meetings with Toplace executives in the weeks before the companies 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 related to a $150 million fraud bound to Toplace's Skyview development in Castle Hill.

Riad Tayeh was legally insolvent in July last year.

Just days before these meetings, an arrest warrant was issued of Jean Nassif, 55, who fled Sydney for Dubai in December 2022. Jean and Ashlyn Nassif are accused of fraud to secure a $150 million loan from Westpac.

In August, 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 administrators now face the task of handling one of Australia's biggest corporate collapses.

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. 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 a staff member suggested there may be another $400 million in loans involving Nassif entities that are not yet under administration. 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.