Restrictive Covenant Modification Information

Assembly Bill 1466/Government Code 12956.2

Recording of Restrictive Covenant Modification

State law authorizes a person who holds an ownership interest of record in property that is the subject of a racially or otherwise unlawfully restrictive covenant to record a Restrictive Covenant Modification document to have the illegal language stricken.

Conditions, Covenants & Restrictions (CC&Rs)

Typically, if your property is subject to them, you receive a copy of your property’s CC&Rs from the title company when you purchase your home.  If you recently purchased a home with CC&Rs (you may find this information within your title report) and did not receive a copy, contact your title company for assistance.

You can purchase a copy of CC&Rs from the Recorder’s Office either in person or through the mail.  You must provide the recording information (Book & Page or Document Number) of the CC&Rs you wish to purchase.  Fees for copies can be found on the Recorder’s Fee Schedule.

How to Proceed

If your CC&Rs contain racially or otherwise unlawfully restrictive covenants, you can prepare and record a Restrictive Covenant Modification.

Document Processing Steps:

1. Member of the public/Entity obtains Restrictive Covenant Modification Form from the County Clerk/Recorder’s Office.
2. County Clerk/Recorder’s Office accepts completed Modification, along with an attached legible original or certified copy of the instrument being modified (with the restrictive language stricken), and forwards both documents to County Counsel.
3. County Counsel determines whether unlawful restrictive language exists in the original document to be modified.
4. County Counsel returns the document to the County Clerk/Recorder’s Office, along with determination whether the Modification should be recorded.
5. If recordable, the Restrictive Covenant Modification is recorded and indexed in the same manner as the original document being modified and then returned to the name and address on the document.

Document Requirements:

1. Title of form: Restrictive Covenant Modification (Racial or Otherwise Unlawfully Restrictive Covenant)
2. Name of owner(s) (July 1, 2022 this changes to Signature of Requesting Party/Parties)
3. Identification of original document being modified by reference to book, page, or instrument number, along with page(s) where restrictive language must be redacted.
4. Legible copy of the document being modified must be attached to the Restrictive Covenant Modification, and restrictive language must be redacted
5. Signature of owner(s) (July 1, 2022 this changes to Signature of Requesting Party/Parties)
6. Signature acknowledged (will not be required after July 1, 2022)
7. Approval by County Counsel

Recording Fees:

Document with all pages 8.5” x. 11”:      $12 for the first page; $3.00 for each additional page

Document with any pages other than 8.5” x 11”:   $15 for the first page; $6.00 for each additional page