Restrictive Covenant Modification

California Government Code Section 12956 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. 

THE PROCESS TO BE FOLLOWED TO RECORD A RESTRICTIVE COVENANT MODIFICATION IS OUTLINED BELOW:
  1. Property owner submits to the Yolo County Clerk/Recorder: 
    • Completed Restrictive Covenant Modification form with their signatures notarized.
    • A complete copy of original Declaration of Covenants, Conditions and Restrictions (CC&R) containing the unlawfully restrictive covenant language with the unlawfully restrictive covenant language stricken.
  2. Both documents will be submitted to County Counsel to determine whether the restrictive covenant is unlawfully discriminatory. County Counsel will notify our office with their determination within 5 business days.
  3. If County Counsel agrees that the language is discriminatory, they will sign the Restrictive Covenant Modification.
  4. Once signed by County Counsel, the Restrictive Covenant Modification is recorded for the $75.00 SB 2 Housing Fee, more information about the SB 2 Housing Fee is available here. Local recording fees are waived.
  5. Regular copy fees apply: $7.35 1st page, $2.00 additional pages, $6.50 certification.
TO OBTAIN A COPY OF YOUR CC&RS:

Typically, 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 and did not receive a copy of your CC&Rs, contact your title company for assistance.

You may also obtain a copy of your CC&Rs by performing a document search. See Obtaining Copies for details to purchase.

FOR ADDITIONAL QUESTIONS ABOUT RESTRICTIVE COVENANT MODIFICATION:

If you have additional questions about recording a Restrictive Covenant Modification, contact the Yolo County Recorder's Office by email, or call (530) 666-8130 during our business hours, see 2021 Calendar for holiday schedule.

Yolo County Recorder’s staff members are happy to provide you with as much information as possible about the process; however, under California law staff members are prohibited from providing legal advice or assisting with document preparation.