Jorge Gonzalez-Barrera ("Gonzalez-Barrera") and Abniel Garcia ("Garcia") appeal a final judgment awarding permanent injunctive relief to Majorca Towers Condominium, Inc. ("the Association") in an action to remove Garcia from one of two condominium units owned by Gonzalez-Barrera.
We affirm that portion of the final judgment prohibiting Garcia, absent Association approval, from residing in one of Gonzalez-Barrera's two units while Gonzalez-Barrera resides in the other unit. However, we reverse that portion of the final judgment prohibiting Garcia, absent Association approval, from residing in the same unit with Gonzalez-Barrera, as such a claim was never pleaded, nor such relief sought, in the operative complaint. Further, even if (as the Association contends) such a claim had been pleaded, the trial court erred in granting such relief. Under the plain language of the Declaration of Condominium, Association approval was not required for Garcia to reside in the same unit with, and as a guest of, Gonzalez-Barrera.1
Affirmed in part, reversed in part and remanded for further proceedings.