Thank you for your reply mate honestly.
I originally thought the knocking tapping etc would not affect me but soon realized the reality. The knocking, tapping , dropping things etc are ultra frequent. On average every 20 - 30 mins, every day and any hour. I can not be free of them.
Even if something takes my attention it wont be long until they remind me that not only are they there, they are thinking about me. I'm not able to ignore them or block their phone number, make my account private on social media etc.
Most of my stress is because I worry about my wife and son getting woken or them tapping at him in his room. I can't even sleep when I can hear them lurking above me, intently listening to see if im still awake. They are more tentative when I am awake but she will always try to wake the wife a couple times between 12 & 2am then again around 5-6 am ,she usually will be happy enough to lightly tap above me in the lounge all night though.
I have no privacy in my own home, the feelings I have had when I am in the lounge and I hear her above our bedroom stomping trying to wake my wife... this would usually lead me to turn of tv etc and sit silently trying to get a recording.
They know someone went into the toilet as they hear the door close, one of the few doors in our unit that does get closed... Thing is they don't know who went in there... what I feel when my son goes to the toilet and I hear one of them immediately get up and walk in there to listen...
I constantly get up and do random decoy closing of the toilet door to throw them off when one of us does need to use the toilet. We have a stereo playing 24/7 in there now though so I dont have to do it as much.
Or when I am falling off to sleep then BANG she just stomped or dropped something heavy directly above our bed...
The feeling that I can't even protect my son from this... It has been hard to control myself from not hurting them...
Our relationship with each other has suffered, we can't be the parents we want to be when we are consumed by this and how we can stop it. We had a totally different life before this. We both stopped working full time jobs, my son hates it here etc.
We can definitely prove detriment but I did want to ask about court if you could help us one last time.
We feel we have evidence the body Corp manager and the 4 committee members and the owner were in collusion, one of the committee members is new and she told the owner she hears the tenants banging at us all hours as she lives next door to them. We did not know her.
The owner didn't know she had just joined the committee. He called us and said that the other neighbour told him she hears them too.
Knowing this the Mrs slid her phone number under her door asking if they could talk concerning the neighbours.
They became friendly and would talk about the neighbours and weird things they do. She sent us a text saying that the committee were discussing that if we send video evidence they were going to request that someone would need to spend time in our unit and hear it for themselves as a second opinion...
We still have that text, we never sent video either.
Soon after we suspect the owner had talked to her as she now denies she hears anything...
Her and the Mrs have talked at length about the stalking and we believe her texts we have will show she knew about this all along.
The committee and BC manager claim in meeting minutes that since they have no idea what the noises sound like they think it is normal unit living. BCM also claimed committee had informed us it would be a good idea if one of the tenants come into our unit to hear noises for themselves but we refused to cooperate. (Blatant lie, the tenant asked if he could come in, never said committee had directed him. Of course we told him no) They claim no other neighbours hear it and claim the on site manager had been told to keep close scrutiny on the units. They finish with saying it has been fully investigated.
We immediately went to onsite manager as we had asked him a few week's earlier to listen for her stomping whenever he is around our units.
We asked if Body Corp had told him about the situation and he said no, he wasn't even aware of any problem until we talked to him.
Just the way the body Corp manager wrote that he had been told to keep "close scrutiny" on the situation as if those were the exact words she used when telling him...
Everything they wrote is lies, we don't even know BCM or any committee member but as I said the owner upstairs knows them all personally.
We accused owner of collusion then owner claims he hasn't had any contact wwith them in over a year. They must not of discussed this as we have 3 emails where BCM claimed she contacted him.
We have an email where owner is asking my Mrs if she resides here permanently as he was aware she has been away for a couple weeks...
Only way he knows this us his tenants telling him.
When we sent him videos of noises guess what his response was? Yep he would need to enter our unit to hear them for himself, the exact same thing BC had planned for us. We sent him the text from committee member informing us that they had planned this for us too. Weird especially when you haven't talked to anyone here yet have the exact same BS remedy to offer us.
A remedy designed to never catch his tenants as they would know when he is here.
Honestly there is so much more little things we have that prove they planned to portray us as liars and protect these tenants. We have been here 18 years, residing in unit for 15 of them no complaints made or received.
What I wanted to ask though is
If we get police to charge tenants with stalking. Can we then start our own civil litigation against owner and BC manager and Committee members?
Or must we do both at the same time?
We are a bit uncertain we thought we had to include everything in one case and may not be able to do another one separately as it ultimately connected and is about about the same crime?
We kind of don't trust police prosecutor with the aid and abet as it is such an unbelievable convoluted story.
Thank you so much if you got through and understood this wall of text my man, thank you for replying.