Torley

Plaintiff appeals from an order upon reconsideration: (1) vacating an order denying defendants’ motion to tax attorney fees; (2) vacating an order awarding attorney fees to plaintiff; and (3) denying plaintiff’s motion for postjudgment attorney fees. Plaintiff contends defendants’ motion for reconsideration was not timely, should have been denied on the merits, and that the court erred by not retroactively applying either Civil Code section 1717 or alternatively, Civil Code section 1354.

Facts

Plaintiff, a homeowners association, and defendants, as homeowners, executed covenants, conditions and restrictions (CC&R’s) concerning real property in September 1971. The CC&R’s prohibited homeowners from making exterior additions or alterations to their home without obtaining the prior written approval of the association’s architectural committee. The CC&R’s contained an attorney fee provision, but it only concerned nonpayment of assessments.

In 1989, plaintiff sued defendants for building an addition to their home without prior written approval, seeking injunctive relief, damages, costs, and attorney fees. Defendants answered and cross-complained for declaratory relief…