Subversiveness the Other-side of Connecting Partition: A Neighbour's Fateful Effect on Our Peaceful Home

In the Central Business District of Alexandria Melbourne, Australia stood our beautiful sanctuary of some greater than 20 years, a walled garden amidst the noise of its streets. For greater than 20 years, it was a loving sanctuary of solace, a shelter of shimmering beauty and asylum.

As an honoured architect, my friend had donated to our city with numerous urban creative proposals, but of these none were more personal and loved that the innovative design of the Lawrence Street, Sydney, Australia, Victorian. Featured in the Sydney Morning Herald, it was acclaimed as a creative masterpiece, blending old-world appeal with neo elegance.

The Victorian conversion was a testament to architectural ingenuity—a two and 1/2-story build and renovations to a Victorian semi-attached, offering a house for a small family and a home-office or studio. The premier feature was the light tower, soaring above the roof with floating stairs, capturing the core of the south east and northwestern skies. French sash windows adorned the main bedroom, while timber casement windows embellish in the bathroom welcomed views and filtered light.

However, this pleasant existence was shattered when our neighbour, a builder, entered the scene next door. Initially welcomed, his 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 major load-bearing wall of our bedroom. At one stage he had setup pipes from his roof diverted water into our upstairs studio, causing over some several thousand dollars damage to the upstairs rooms, and undermining the footing of the house.

To compound matters, we discovered that the intermediate wall did not meet the legal fire rating, a critical omission that threatened everyone's safety. Despite our pressing efforts to seek resolution the issue with the builder and contacting the council, we were informed the builder's inspector had already approved on the building renovations, ignoring our concerns and leaving us vulnerable to harm.

In spite of receiving a legal judgement in their favour and compensation for the damages incurred, the toll was immeasurable and created many unpleasant memories. They were forced to sell their cherished home, we mourned the loss of our award winning sanctuary, another victim of proper government oversight and dodgy construction practices. The lack of oversight and appropriate governance by local government allowed this tragedy to unfold, heightening the need for more responsibilities and legal protection for owners.

As we grapple with the effects of this experience, we are left to ponder: What recourse do owners have when their greatest financial investment are made vulnerable by the neglect of dodgy builders?

When to Commence - Vote the Capable and Incompetent Builders in Commonwealth of Australia..?

The Insolvent, Suspect, and the end of Property CorporationBillion Dollar Regime Toplace

from Aug 2023

A Bankrupt adviser was deeply solicitous with obtaining his insolvent business a very moneymaking building contract — supervising the collapse of Suspect Jean Nassif's business empire, which sunk under financial obligations exceeding $1.24 billion, inclusive $88.5 million payable to suppliers and sub-contractors.

Brand New revelations about the failure of Nassif's Toplace group have surfaced in documents presented to the Federal Court this month by administrators from dVT Group of Companies. These papers reveal that secured creditors such as offshore lenders in tax havens, are owed one thousand million.

Further Applicatory Information:

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

Unsecured creditors, have filed claims with a total est. quarter of a billion.

Federal Court filings also indicate that Riad Tayeh, founder of dVT Group, which was involved in a fundamental role in securing his businesses appointment as administrators. Despite being declared insolvent in July 2022 with several million in debt, Tayeh, now a consultant, and colleague Antony Resnick went to essential business meetings with Toplace top managers in the days leading up to the companies appointment as bankruptcy managers.

Included in those involved at the meetings on July 2020 was Jean Nassif's 29-year-old daughter, Ashlyn, whose legal certificate was suspended while she fights charges relating to fraud bound to Toplace's Skyview development in Castle Hill.

Riad Tayeh was legally bankrupt in July 2022.

Just days before these meetings, a warrant was issued for the arrest of Jean Nassif, 55, who fled Sydney for Dubai in December 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 made voluntary bankruptcy managers for Toplace, following a resolution passed by Jean Nassif, Toplace's sole director, via email just hours prior. The bankruptcy administrators now face the task of handling one of New South Wales' biggest 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. 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.