The Restrictive Covenant Modification (Unlawfully Restrictive Covenant - Government Code 12955) is a recording form published by the San Bernardino County Assessor-Recorder-County Clerk. It is used to record a copy of an earlier recorded document with an unlawful restrictive covenant redacted. The office also handles San Bernardino County property tax forms, but this one is a Recorder document. On FillingPDF you can fill out the form online and download or print the completed PDF; the official PDF is published by the county.
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What is Restrictive Covenant Modification – San Bernardino County, CA?
The Restrictive Covenant Modification (Unlawfully Restrictive Covenant - Government Code 12955) is the San Bernardino County Recorder form that is recorded solely to redact and eliminate an unlawful restrictive covenant from a previously recorded document.
The form states that the covenant in the referenced document is based on one of the characteristics it lists, such as age, race, color, religion, sex, gender, sexual orientation, familial status, marital status, disability, veteran or military status, national origin, source of income or ancestry. It declares that such a restriction violates state and federal fair housing laws and is void. It cites Section 12956.2 of the Government Code as the basis for recording the modification.
The form identifies the original document by its recording date, book and page or instrument number, and the page(s) where the covenant appears, in the official records of the County of San Bernardino, State of California. A true, correct and complete copy of that document, with the covenant redacted, is attached.
Under the form's own terms, the modification is indexed in the same manner as the original document, under subdivision (d) of Section 12956 of the Government Code, and its effective date is the same as that of the original document. The bottom block is for San Bernardino County Counsel, or a designee, who states whether the modification may or may not be recorded.
The county's forms page lists a separate form, Restrictive Covenant Modification: Housing Development, which is a different document from this one.
Who needs to file Restrictive Covenant Modification – San Bernardino County, CA?
The form lists who may request the review of unlawful restrictive language, and you check the box that fits you:
- a person who has an ownership interest, or is acquiring an interest, in the property covered by the recorded document;
- a title company, escrow company, real estate broker, real estate agent or other party, whose individual or company name you write in;
- the San Bernardino County Recorder.
A submitting party prints their name, signs and dates the form. The County Counsel block at the bottom is not completed by the submitting party: San Bernardino County Counsel, or a designee, marks whether the original document contains an unlawful restriction and whether the modification may be recorded.
The form applies to a document recorded in the official records of the County of San Bernardino. It does not cover a document with no unlawful restrictive covenant: County Counsel's alternative finding says that the modification may not be recorded if the original has no unlawful restriction or if the modification contains unauthorized changes. The county lists a separate form for housing developments, Restrictive Covenant Modification: Housing Development.
When to file Restrictive Covenant Modification – San Bernardino County, CA
Use this form when you have found an unlawful restrictive covenant in a document already recorded in San Bernardino County and want it redacted from the record. The form sets no deadline of its own. Before it can be recorded, County Counsel, or a designee, must determine under paragraph (1) of subdivision (b) of Section 12956.2 of the Government Code that the original contains an unlawful restriction. Have the recording date, book and page or instrument number of the original ready, because the form asks for them.
Documents you need
- A true, correct and complete copy of the original recorded document with the unlawful restrictive covenant redacted; the form states it is attached to the modification.
- The recording details of the original document: recording date and book and page or instrument number, plus the page(s) where the covenant appears. You enter these on the form.
How to fill out Restrictive Covenant Modification – San Bernardino County, CA
Enter the recording and mailing details
In the top block, "Recording requested by and when recorded mail document to", enter the name, street address, city, state and ZIP code to which the recorded document should be mailed. Leave the space above the line for the Recorder's use blank.
Check who requested the review
Under "Unlawful Restrictive language review requested by", check the box that applies: you have or are acquiring an ownership interest in the property, a title company, escrow company, broker, agent or other party, or the San Bernardino County Recorder.
Name the requesting company if listed
If you checked the title company, escrow company, real estate broker, real estate agent or other party box, write the individual or company name on the line provided.
Identify the page with the covenant
In the paragraph that begins with the restrictive covenant statement, enter the page(s) of the original document on which the unlawful covenant appears.
Enter the original recording information
Enter the date the original document was recorded, its book and page, or its instrument number, as it appears in the official records of the County of San Bernardino.
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 and date as submitting party
Print your name, sign and date on the line for the printed name and signature of the submitting party and the date.
Leave the County Counsel block blank
The bottom block is for San Bernardino County Counsel, or a designee, to mark the determination and sign and date. Do not complete it.
Review and download the completed PDF
Check that the recording details match the original document and that the attachment is ready. Download or print the completed PDF from FillingPDF and submit it as described under How to submit.
How to submit Restrictive Covenant Modification – San Bernardino County, CA
The form is a document recorded by the San Bernardino County Recorder, part of the San Bernardino County Assessor-Recorder-County Clerk. The form prints no street address, portal or appointment rule of its own.
- Prepare the package. Complete the form, sign and date it as the submitting party, and attach the redacted copy of the original document.
- Return address. The block at the top of the form, "Recording requested by and when recorded mail document to", is where you enter the name and address that the recorded document should be mailed back to.
- County Counsel. The form has a block for County Counsel, or a designee, to state whether the modification may be recorded.
- Fees and contact details. The county's forms page at https://arc.sbcounty.gov/forms-fees/ lists a Fee Schedule (Recorder-County Clerk); ask the Recorder for any amount that applies to this document.
FillingPDF lets you fill out and download the PDF; submission follows the channels of the San Bernardino County Recorder.
Common mistakes to avoid
- Attaching a copy of the original document that is incomplete or that still shows the covenant; the form says the attached copy must be true, correct and complete, with the covenant redacted.
- Leaving out the recording date, book and page or instrument number of the original document, so the record being modified cannot be identified.
- Not stating the page(s) of the original document where the restrictive covenant appears.
- Submitting the form without the printed name, signature and date of the submitting party.
- Checking none of the boxes for who requested the review, or checking the title company or other party box without writing the individual or company name.
- Completing the County Counsel block yourself; that block is for San Bernardino County Counsel or a designee.
- Using this form for a housing development when the county lists a separate Restrictive Covenant Modification: Housing Development form.
Frequently asked questions
What is the Restrictive Covenant Modification form?
It is a San Bernardino County Recorder form recorded solely to redact and eliminate an unlawful restrictive covenant from an earlier recorded document. It cites Section 12956.2 of the Government Code and attaches a copy of the original with the covenant redacted.
What kinds of covenants does the form cover?
Covenants based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income or ancestry, which the form says violate fair housing laws and are void.
Who can request the review of restrictive language?
The form lets you check one of three options: a person with or acquiring an ownership interest in the property, a title company, escrow company, real estate broker, agent or other party (with its name written in), or the San Bernardino County Recorder.
What do I need to attach to the form?
Attach a true, correct and complete copy of the original recorded document with the unlawful restrictive covenant redacted. You also enter the original's recording date, book and page or instrument number, and the page(s) where the covenant appears.
Does County Counsel have to approve the modification?
Yes. The form has a block where San Bernardino County Counsel, or a designee, states either that the original contains an unlawful restriction and the modification may be recorded, or that it may not be recorded.
Will the modification change the effective date of the original document?
No. The form states that the effective date of the modification is the same as the effective date of the original document, and that it is indexed in the same manner as the original under subdivision (d) of Section 12956 of the Government Code.
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 record the form; it goes to the San Bernardino County Recorder through the county's own channels.
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