The Restrictive Covenant Modification (Housing), printed with the subtitle Housing Development Restrictive Covenant Modification, is a recordable document used with the Los Angeles County Registrar-Recorder/County Clerk (RR/CC). Owners of a housing development use it to modify or remove a restriction in a previously recorded document, under Section 714.6 of the Civil Code. It belongs to the property document recording forms that the county publishes, not to the property tax forms. On FillingPDF you can fill out the form online and download or print the completed PDF; the document is reviewed and recorded through the county, as described below.
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What is Restrictive Covenant Modification (Housing) – Los Angeles County, CA?
The Restrictive Covenant Modification (Housing Development Restrictive Covenant Modification) is a recordable document that owners of a housing development use to modify or remove a restrictive covenant from a document already recorded in Los Angeles County, under Section 714.6 of the Civil Code.
The form targets a restriction or private limit that restricts or prohibits residential use of the property, the number, size, or location of the residences that may be built, or the number of persons or families who may reside on it. The form states that such a restriction is not enforceable against the owner of a housing development. The modification is recorded solely for the purpose of changing or removing that language.
The owner identifies the original document by page number(s), recording date, and Book and Page or Instrument Number in the Official Records of the County of Los Angeles, and attaches a true, correct and complete copy of that document with the unlawful covenant modified or removed. The modification takes the same effective date as the original document and is indexed in the same manner as the original, under Civil Code Section 714.6(b)(2)(F).
The form carries a County Counsel block. A Deputy County Counsel states either that the original document restricts the property in a prohibited manner and the modification may be recorded, or that it does not and the modification may not be recorded.
The Los Angeles County RR/CC publishes this form as a sample prepared according to legislation. It is distinct from the county's other covenant document, which strikes out racial, religious or other restrictive covenants after County Counsel determines they violate fair housing laws and are void.
Who needs to file Restrictive Covenant Modification (Housing) – Los Angeles County, CA?
Owners of a housing development whose property is covered by a recorded document containing a restriction on residential use, on the number, size or location of residences, or on the number of persons or families who may reside there, use this form. The form opens with "I/We" and the owner name(s), so more than one owner may sign on behalf of the property.
The County Counsel block shows who else is involved. Before the modification may be recorded, Los Angeles County Counsel must determine that:
- the original document restricts the property in a prohibited manner;
- the owner has submitted documents sufficient to establish that the property qualifies as a housing development;
- any required notices have been provided; and
- no exemption under Civil Code Section 714.6(g), (h), or (i) applies.
If County Counsel finds that the original document does not restrict the property in a prohibited manner, or that the property does not qualify as a housing development, the form states that the modification may not be recorded.
The Los Angeles County RR/CC does not provide legal advice and cannot help prepare legal documents, so consult a legal advisor before submitting.
When to file Restrictive Covenant Modification (Housing) – Los Angeles County, CA
Use this form when you want to modify or remove an unlawful restrictive covenant from a document already recorded in Los Angeles County and the property is a housing development. The form prints no due date of its own.
The County Counsel approval comes first: the form can be recorded only after the County Counsel block is completed and signed with a determination that the modification may be recorded. The form states that the modification takes the same effective date as the original recorded document, so recording it later does not change that date.
Ask the county or a legal advisor about any notice requirements that apply, because the County Counsel statement refers to required notices under Civil Code Section 714.6.
Documents you need
- A true, correct and complete copy of the previously recorded document, with the unlawful restrictive covenant modified or removed, attached to the modification.
- Documents sufficient to establish that the property qualifies as a housing development, which the County Counsel statement says the owner has submitted before approval.
How to fill out Restrictive Covenant Modification (Housing) – Los Angeles County, CA
Fill in the return address block
At the top, enter the name, mailing address, city, state and ZIP code under "When Recorded Mail To", and who is requesting recording. Leave the space reserved for the Recorder's use blank.
Enter the owner name(s)
On the "I/We" line, write the name of each owner of the housing development whose property is covered by the document described in the form.
Identify the page(s) of the covenant
Enter the page(s) of the original recorded document on which the restrictive covenant appears.
Enter the recording details
Write the recording date of the original document, and its Book and Page or its Instrument Number, in the Official Records of the County of Los Angeles.
Attach the modified document copy
Attach a true, correct and complete copy of the original document with the unlawful restrictive covenant modified or removed.
Sign, date and print your name
The submitting party signs the "Signature of Submitting Party" line, enters the date and prints the name.
Leave the County Counsel block to County Counsel
The block that begins with the County Counsel statement, the approval, signature, date, Deputy County Counsel line and seal is completed by Los Angeles County Counsel, not by the owner.
Review and download the completed PDF
Check the recording references against the original document, then download or print the completed PDF from FillingPDF and take it through County Counsel review and recording as described under How to submit.
How to submit Restrictive Covenant Modification (Housing) – Los Angeles County, CA
The form is recorded through the Los Angeles County Registrar-Recorder/County Clerk after the Los Angeles County Counsel block has been completed. The form prints no mailing address, portal or appointment rule of its own.
- County Counsel review: the form contains an "Approved: Los Angeles County Counsel" block, signed and dated by a Deputy County Counsel, with a seal. County Counsel states whether the modification may or may not be recorded.
- Recording: the top of the form has a "Recording Requested By" and "When Recorded Mail To" block (name, mailing address, city, state and ZIP code) for the return address, and a space reserved for the Recorder's use. Leave that space blank.
- Attachment: include the true, correct and complete copy of the original document with the covenant modified or removed.
The RR/CC publishes its recording sample forms and document definitions at https://www.lavote.gov/home/records/property-document-recording/forms. Contact the RR/CC for recording requirements and any fee. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Attaching only the pages with the covenant instead of a true, correct and complete copy of the original document with the covenant modified or removed.
- Leaving out the recording details of the original document: page number(s), recording date, and Book and Page or Instrument Number.
- Writing in the space reserved for the Recorder's use at the top of the form.
- Submitting the form for recording before the County Counsel block is completed and signed; County Counsel states whether the modification may be recorded.
- Using the form for a property that does not qualify as a housing development; County Counsel may find the modification may not be recorded.
- Leaving the submitting party's signature, date or printed name blank.
- Treating the form as a way to strike racial or religious covenants generally; that is a separate county document with its own sample form.
- Expecting the county to prepare or review the legal content; the RR/CC says it gives no legal advice.
Frequently asked questions
What is the Restrictive Covenant Modification (Housing)?
It is a Los Angeles County recordable document that owners of a housing development use to modify or remove an unlawful restrictive covenant from a previously recorded document, under Section 714.6 of the Civil Code. It is recorded solely for that purpose.
Is this a Los Angeles County property tax form?
No. It is one of the property document recording forms published by the Los Angeles County Registrar-Recorder/County Clerk. It changes the recorded text of a covenant and does not deal with property tax.
Who has to approve the Restrictive Covenant Modification?
Los Angeles County Counsel. The form has an approval block signed by a Deputy County Counsel stating either that the modification may be recorded or that it may not, depending on whether the covenant is prohibited and the property qualifies as a housing development.
What do I attach to the Restrictive Covenant Modification?
Attach a true, correct and complete copy of the recorded document that contains the covenant, with the unlawful restrictive covenant modified or removed. The form states that it is recorded with that copy attached.
What is the effective date of the modification?
The form states that the effective date of the modification is the same as the effective date of the original document. It is also indexed in the same manner as the original, under Civil Code Section 714.6(b)(2)(F).
Is this the same as the county's form for racial or religious covenants?
No. The county lists a separate document for striking out racial, religious or other restrictive covenants. This housing form covers restrictions on residential use, on the number, size or location of residences, or on the number of persons or families who may reside on the property.
Can I fill out the Restrictive Covenant Modification online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not submit or record the document; County Counsel review and recording go through Los Angeles County.
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