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Internal Services Agency
County Clerk/Recorder
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Restrictive Covenant Modification

Background
Pursuant to Assembly Bill 394 (Chapter 297, Statutes of 2005) a person who holds an ownership interest of record in property which is subject to an unlawfully restrictive covenant may record a Restrictive Covenant Modification to have the illegal language stricken.


Contact
For assistance with processing a Restrictive Covenant Modification, please contact Wanda Dark at (916) 874-8884 or email AB394.


How to proceed

Contact the staff member listed above, who will work with you to:

  • Obtain a copy of the original Covenants, Conditions and Restrictions (CC&Rs)
  • Identify the unlawful language and strike (line through) the restrictive language
  • Complete the Restrictive Covenant Modification form and obtain notary acknowledgement*
  • Submit the modification document for recording

*The modified document may not be recorded unless approved as to form by County Counsel. Common interest developments are excluded from the new provisions of AB 394.

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