The Restrictive Covenant Modification: Housing Development is a document that an owner of a housing development records in San Bernardino County, California, to modify or remove a restrictive covenant that Civil Code 714.6(a) prohibits. The San Bernardino County Assessor-Recorder-County Clerk lists it among its Recorder forms, and it carries a County Counsel approval block. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original PDF is published by the agency at arc.sbcounty.gov.
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What is Restrictive Covenant Modification: Housing Development – San Bernardino County, CA?
The Restrictive Covenant Modification: Housing Development is a document recorded in the Official Records of the County of San Bernardino by which an owner of a housing development modifies or removes a restrictive covenant that Civil Code 714.6(a) prohibits.
The printed form is titled RESTRICTIVE COVENANT MODIFICATION (Housing Development Restrictive Covenant Modification). It states that the referenced document may contain a restriction or private limit on residential uses of the property, on the number, size or location of residences, or on the number of persons or families who may reside there, and that such a restriction is not enforceable against the owner of a housing development.
Under Section 714.6 of the Civil Code, the document is recorded solely to modify or remove that covenant. You identify the original document by page(s), recording date, Book and Page or Instrument Number, and you attach a true, correct and complete copy of it with the unlawful covenant redacted. The modification is indexed in the same manner as the original under subdivision (d) of Section 12956 of the Government Code, and its effective date is the same as that of the original document.
The form has a County Counsel block. County Counsel either determines that the modification may be recorded or finds that it may not. The agency's forms list also carries a separate form named Restrictive Covenant Modification; this page covers the Housing Development version.
Who needs to file Restrictive Covenant Modification: Housing Development – San Bernardino County, CA?
The owner(s) of a housing development whose property is covered by a recorded document containing a restrictive covenant that Civil Code 714.6(a) prohibits use this form. The form is written in the first person ("I/We ... owner(s) of the housing development") and is signed by the submitting party.
The form says the covered restrictions are those that restrict or prohibit residential uses 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 the property.
County Counsel, not the owner, completes the lower block. It records whether County Counsel has determined that the original document restricts the property in a prohibited manner, that the owner has submitted documents sufficient to establish that the property qualifies as a housing development, that any required notices have been provided, and that any exemption under Civil Code Section 714.6(g) or (h) applies. Alternatively it records a finding that the document does not restrict the property in a prohibited manner or that the property does not qualify, in which case the modification may not be recorded.
The form does not say whether someone may sign for the owner.
When to file Restrictive Covenant Modification: Housing Development – San Bernardino County, CA
You use this form when you want to record a modification that removes or modifies a restrictive covenant prohibited by Civil Code 714.6(a) from a previously recorded document. The form prints no filing deadline, so it is submitted whenever you are ready to record the modification.
The modification may be recorded only after County Counsel determines, in the approval block, that the original document restricts the property in a prohibited manner, that the property qualifies as a housing development and that any required notices have been provided. If County Counsel finds otherwise, the form states that the modification may not be recorded.
The effective date of the modification is the same as the effective date of the original document you reference, not the date you sign.
Documents you need
- A true, correct and complete copy of the original recorded document, with the unlawful restrictive covenant redacted, attached to the modification.
- Documents sufficient to establish that the property qualifies as a housing development; the County Counsel block states that County Counsel relies on documents the owner has submitted.
- Any notices required under Civil Code Section 714.6; the County Counsel block states that required notices must have been provided.
How to fill out Restrictive Covenant Modification: Housing Development – San Bernardino County, CA
Complete the recording request block
At the top, enter the name, mailing address, and 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 the owner(s) of the housing development whose property is covered by the document described below.
Identify the page(s) of the covenant
In the paragraph citing Section 714.6 of the Civil Code, enter the page(s) of the original document where the restrictive covenant appears.
Enter the recording date of the original
Write the date the original document was recorded in the (date) space.
Enter Book and Page or Instrument Number
Fill in Book and Page, or the Instrument Number, of the Official Records of the County of San Bernardino, whichever identifies the original document.
Attach the redacted copy
Attach a true, correct and complete copy of the original document with the unlawful restrictive covenant redacted, as the form states.
Sign, date and print your name
Sign as the Submitting Party, enter the date and print your name in the Printed Name line.
Leave the County Counsel block blank
The County Counsel determination, the approval signature, the deputy signature and the seal are completed by San Bernardino County Counsel, not by you.
Review and download the completed PDF
Check the recording details and the attached copy, then download or print the completed PDF from FillingPDF and submit it through the channels described under How to submit.
How to submit Restrictive Covenant Modification: Housing Development – San Bernardino County, CA
The form is recorded in the Official Records of the County of San Bernardino, State of California. It prints no mailing address, portal or appointment rule of its own, and the San Bernardino County Assessor-Recorder-County Clerk lists it under its Recorder forms at https://arc.sbcounty.gov/forms-fees/.
- Return address on the form: complete the RECORDING REQUESTED BY and WHEN RECORDED MAIL TO block (name, mailing address, city, state and ZIP code) so the recorded document comes back to you.
- Package: the signed form and the attached true, correct and complete copy of the original document with the unlawful covenant redacted.
- County Counsel approval: the form carries a County Counsel approval block with signature, deputy signature and seal; the recording depends on that determination.
- Fees: the agency publishes a Fee Schedule (Recorder-County Clerk) among its forms; check it or ask the Recorder for any recording fee.
FillingPDF lets you fill out and download the PDF; submission follows the agency's channels.
Common mistakes to avoid
- Leaving out the recording details of the original document: the page(s), recording date, Book and Page or Instrument Number.
- Attaching a partial or unredacted copy of the original document; the form calls for a true, correct and complete copy with the unlawful covenant redacted.
- Using this form to modify something other than a covenant prohibited by Civil Code 714.6(a); it is recorded solely for that purpose.
- Filling in the County Counsel approval block yourself; it is completed by County Counsel and the deputy, with signature and seal.
- Submitting the form unsigned or without the printed name of the submitting party and the date.
- Leaving the RECORDING REQUESTED BY and WHEN RECORDED MAIL TO block blank, so the recorded document has no return address.
- Confusing this form with the agency's separate Restrictive Covenant Modification form instead of the Housing Development version.
Frequently asked questions
What is the Restrictive Covenant Modification: Housing Development?
It is a document recorded in San Bernardino County to modify or remove a restrictive covenant prohibited by Civil Code 714.6(a). The owner of a housing development references the original recorded document and attaches a copy with the unlawful covenant redacted.
Is this a San Bernardino County property tax form?
No. It is a recording document that the San Bernardino County Assessor-Recorder-County Clerk lists under its Recorder forms, not an Assessor property tax claim or exemption. It modifies a covenant in a recorded document under Civil Code 714.6.
Who must approve the Restrictive Covenant Modification?
San Bernardino County Counsel. The form has an approval block where County Counsel states that the modification may be recorded, or finds that it may not be recorded because the covenant is not prohibited or the property does not qualify as a housing development.
What do I attach to the form?
Attach a true, correct and complete copy of the original recorded document with the unlawful restrictive covenant redacted. The form also relies on documents showing the property qualifies as a housing development, which County Counsel reviews.
What information do I need about the original document?
The page(s) where the covenant appears, the date the document was recorded, and its Book and Page or its Instrument Number in the Official Records of the County of San Bernardino. You also enter the owner name(s).
When does the modification take effect?
Its effective date is the same as the effective date of the original document you reference. The form also says it is indexed in the same manner as the original under Government Code Section 12956(d).
Can I fill out the Restrictive Covenant Modification online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not record or file the document; it goes to the San Bernardino County Recorder through the agency's channels.
Is there a different Restrictive Covenant Modification form?
Yes. The agency's forms list shows both Restrictive Covenant Modification and Restrictive Covenant Modification: Housing Development under Recorder. This page covers the Housing Development version, which cites Civil Code Section 714.6 for housing development owners.
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