address the subject of her pending lawsuit at the board meeting. We have considerable doubt that this evidence proves a sufficient ratification or proper approval of the earlier installation of the flooring. Mr. Coric did not introduce the complete declaration of condominium or any by-laws of the association, and it seems doubtful that a vote without notice to Ms. Price and other affected unit owners would comply with even the limited due process expected within the workings of a condominium association. We are not required to resolve that issue, however, because the trial court permitted the Cories to present an affirmative defense that was not encompassed within the pleadings. See, e.g., BSP/Port Orange, LLC v. Water Mill Properties, Inc., 969 So.2d 1077, 1078 (Fla. 5th DCA 2007) (<HOLDING>). Ms. Price immediately and vehemently objected
holding that the plaintiff waived an objection to the defendants failure to plead qualified immunity as an affirmative defense holding appellants failure to plead affirmative defense of modification precluded trial court from considering evidence of oral modification at summary judgment hearing holding that at summary judgment hearing trial court erred by considering theory not raised in the pleadings holding that failure to plead affirmative defense to original complaint does not amount to waiver where defense is raised in response to amended complaint holding that denial of petition for modification of maintenance was proper when the parties agreement prohibited modification of maintenance