A Charlotte woman says she was surprised to learn she was being evicted following her 21-year-old daughter and a friend twerking in the pool at their high-rise apartment complex last month, and the friend then insulted a concierge.
Marshette Foster, who is black, told The Charlotte Observer she believed what happened at the Element SouthPark outdoor pool across from SouthPark Shopping Center on April 30 was part of a pattern of a different concierge appearing when she and her fiancé or daughter, Alanah, and friends go to relax in the pool.
The janitor approached her daughter on April 30 and told her someone had reported the twerking, Marshette Foster said. Alanah Foster apologized to the janitor and said they would stop, Marshette Foster told the Observer. The twerk is sexually suggestive dance with hip thrusts and other movements.
The janitor also told Alanah Foster that she had too many guests at the pool that afternoon, although Marshette Foster said she had never seen janitors tell white residents they had too many guests when they had a group of four or five on the pool deck.
Element SouthPark management said the eviction stemmed from “extremely unacceptable behavior” by Alanah Foster and her guests, which also included fighting. In a statement, officials said they were proud of the diversity of residents and employees at Element SouthPark.
Foster, a senior executive at a national health insurer, said she was paying $2,600 for a two-bedroom flat in the Sharon Road complex. She and her daughter have been living there since July.
On April 30, Foster said, her daughter’s friend got angry and insulted the janitor when she was told their group was too big. She got upset because the concierge didn’t order the same thing for three groups of four or five white people on the pool deck that day, Foster said.
Janitors provide services to residents, answering their calls when they need or want to report something.
Last Monday, Foster said, Element SouthPark’s property manager told her she was being evicted due to the vulgarity used by her daughter’s guest. “It’s glaring,” Foster told the property manager.
Foster said she asked to speak to her supervisor. She left a phone message for the supervisor and received an email response on Tuesday saying there was more to the eviction.
Management response to Foster
Foster provided the Observer with a copy of the email she received from Jennifer Kubitz, Regional Property Manager for gray starthe community developer/manager.
“Over the past 48 hours, I have received multiple videos of behaviors/activities of Alanah and her guests at the pool and in the hallways over the weekend,” Kubitz said in the email.
Management has “a long list of testimonials not only from residents but also from employees,” Kubitz wrote. “All testimonies are supported by the recordings received.
“We had an employee report that one of the guests used inappropriate aggressive language that made them feel uncomfortable. Due to the nature of these recordings, we cannot pass them on as they contain other residents and minors.
The email did not mention twerking or sexually suggestive movements.
Allegations of “public nudity, fighting”
Element SouthPark management, in a statement to the Observer on Thursday, said company officials have video of additional incidents of disruptive behavior by Alanah Foster and her guests.
“Resident statements and video show the resident and her guests performing acts of public nudity, fighting and other behavior that is extremely unacceptable to any of our residents, but is particularly unacceptable due to the presence of young children,” Element SouthPark said.
“We pride ourselves on being a diverse community with residents and team members from all walks of life,” the statement said. “Our community facilities are for the enjoyment of all residents.
“After several resident complaints about actions that occurred in our amenity spaces, we were forced to enforce the lease that each resident signs and accepts when moving into our community.”
Foster told the Observer that the fights, nudity and claims about other unacceptable behavior are false. His daughter wearing a rope the bikini is not nudity, she added.
“They make us think we’re sloppy, rude, not following the rules,” she said. “That’s not true. It’s like they’re manufacturing.
The apartment complex’s rules “are not enforced equally across the board,” Foster said.
The Observer asked Element SouthPark about Foster’s various claims and received Thursday’s statement in response. The statement did not address specific claims.
False declaration of sex in the swimming pool, says the tenant
Foster said the janitorial incidents began shortly after she and her daughter moved to Element SouthPark in July. Her lease is due to expire in August, she said.
Someone complained the month Foster moved in that she had five guests at the pool, although the community has yet to set a guest limit, she said. More incidents followed, she said, including:
▪ A concierge approached Foster on the pool deck in late July or early August to inform her that someone had reported seeing her having sex in the pool. “I watched the video and you weren’t having sex in the pool,” Foster told the concierge. “We’re sorry this happened.”
▪ A concierge asked Foster’s daughter at the pool one August afternoon if she was a resident.
▪ A janitor approached his daughter later that month to ask if everything was okay, then told her, “I got a call to come and check the pool.” Foster said her daughter asked the janitor, “Why every time we’re at the pool is a janitor watching us?”
“I’m sorry, I was just told to come and check the pool,” Foster said, the janitor replied.
▪ An inebriated white guest punched Foster’s daughter in the mouth on Jan. 9, causing her to bleed. Alanah Foster had just returned late at night from her shift at a pizzeria, her mother told the Observer. The inebriated guest and the inebriated resident she was with thought Alanah Foster was holding up the line of cars trying to get through the parking lot gate, but the gate was broken.
Marshette Foster called 911 after the guest hit her daughter, and a Charlotte-Mecklenburg police officer arrived. The officer questioned the intoxicated women, but no charges were filed, Foster said. Instead, the officer gave the Fosters information on how to press charges against the woman, Marshette Foster said.
The Fosters went to the Mecklenburg County Magistrate’s Office in downtown Charlotte in February, where Alanah Foster said she testified under oath before a judge. Due to COVID delays, the judge told her, she might not hear back for a few months about what next steps she might take in the criminal justice system.
In an April 4 letter from the Charlotte Dispute Resolution Program that Alanah Foster received just days ago, Alanah Foster said she was given the option of mediation or a trial by a judge in her case. simple assault. She intends to inform the program that she wants to go through the courts, not mediation.
Marshette Foster also provided a copy of the police report of the incident to the Observer. The report lists Alanah Foster as a victim and says she was also bruised and scratched.
▪ In March, a guest at the clubhouse asked Foster, who played pool, if she lived there. The guest also asked what building and apartment she lived in, Foster said. He told her he asked because “sometimes you never know,” Foster said.
“But I can’t get into the clubhouse without a key fob,” she told the Observer.
The eviction notice
Element SouthPark community manager Jordan Howell sent Foster a copy of the eviction notice on Friday and put a copy under the door of his fourth-floor apartment, Foster said. Foster forwarded the email to the Observer.
Element SouthPark will take legal action if she was not released by 5 p.m. on Sunday, May 8, Howell wrote.
Foster said she retained Charlotte’s lawyer Shawntae Crews, who advised her to stay in the apartment beyond the deadline on Sunday as she files legal documents to challenge the eviction in court. Element SouthPark, like any landlord seeking eviction in North Carolina, must obtain court approval, Crews told him, before an eviction can take place.