The Restrictive Covenant Modification Form is the document used in Solano County, California, to record a copy of an earlier recorded document with an unlawful restrictive covenant redacted, as Section 12956.2 of the Government Code allows. It is listed with the Solano County Assessor/Recorder forms and carries a County Counsel determination on the same page. On FillingPDF you can fill out the form online and download or print the completed PDF; the county publishes the original PDF and decides whether the modification may be recorded.
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What is Restrictive Covenant Modification Form – Solano County, CA?
The Restrictive Covenant Modification Form is the Solano County document recorded solely to redact and eliminate a restrictive covenant from an earlier recorded document, under Section 12956.2 of the California Government Code, when that covenant is void under fair housing law.
The form opens with a statement that the referenced document contains a restriction 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 as defined in subdivision (p) of Government Code Section 12955, or ancestry, and that such a restriction violates state and federal fair housing laws and is void.
You identify the original document by the page(s) where the covenant appears and by its recording date, book and page, or instrument number in the official records of the County of Solano. A true, correct, and complete copy of that document, with the unlawful covenant redacted, is attached to the form.
The form also states two consequences. The modification is indexed in the same manner as the original document, under subdivision (d) of Section 12956.2, and its effective date is the same as the effective date of the original document.
The Solano County Assessor/Recorder forms page lists this form together with two other restrictive covenant items: Restrictive Covenant Modification: Affordable Housing Developments, and the Restrictive Covenant Modification Implementation Plan.
Who needs to file Restrictive Covenant Modification Form – Solano County, CA?
The form is completed by the submitting party who wants a restrictive covenant redacted from a document recorded in the official records of the County of Solano. The printed form has a line for the signature and date of the Submitting Party, and it names the document being modified by recording date, book and page, or instrument number.
The form is not self-approving. A block at the bottom is reserved for County Counsel, which states either that it has determined the original document contains an unlawful restriction and the modification may be recorded, or that it finds the original document does not contain an unlawful restriction, or that the modification contains modifications not authorized, and the modification may not be recorded. A Deputy County Counsel signs and dates the approval.
The form is for the covenant described in its opening statement. The county lists a separate form, Restrictive Covenant Modification: Affordable Housing Developments, so check that page if your document concerns an affordable housing development. The form itself does not say who else may sign for the submitting party.
When to file Restrictive Covenant Modification Form – Solano County, CA
Use the form whenever you want to record a modification that removes an unlawful restrictive covenant from a document already recorded in Solano County. No filing deadline is printed on it.
The form states that its effective date is the same as the effective date of the original document, so recording it does not create a new effective date for the underlying document. The revision you are looking at is marked Effective 7/1/22.
Recording depends on the County Counsel block: the modification may be recorded only after County Counsel signs the approval stating that the original document contains an unlawful restriction. The form sets no processing time.
Documents you need
- A true, correct, and complete copy of the referenced recorded document with the unlawfully restrictive covenant redacted, attached to the form.
- The recording details of the original document: recording date with book and page, or the instrument number, entered on the form.
- County Counsel's determination on the form, signed and dated by a Deputy County Counsel, stating that the modification may be recorded.
How to fill out Restrictive Covenant Modification Form – Solano County, CA
Complete the recording request lines
At the top, enter who requests recording under "Recording requested by" and the name and address for "And when recorded mail to".
Identify the covenant pages
In the paragraph citing Section 12956.2, enter the page(s) of the referenced document on which the restrictive covenant appears.
Enter the original recording details
Enter the recording date, then the book and page, or the instrument number, of the original document in the official records of the County of Solano.
Prepare the redacted copy
Make a true, correct, and complete copy of the original document with the unlawfully restrictive covenant redacted, to attach to the form.
Sign as Submitting Party
Sign on the line for Signature of Submitting Party and enter the date.
Leave the County Counsel block for the county
The County Counsel approval block, with its checkbox choices and the Deputy County Counsel's signature and date, is completed by the county, 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 follow the county's channels described under How to submit.
How to submit Restrictive Covenant Modification Form – Solano County, CA
The form names no submission channel, address or fee. It begins with the lines "Recording requested by" and "And when recorded mail to", so the recorded document is returned to the party you write there.
What to assemble:
- The completed form, signed and dated by the Submitting Party.
- The attached copy of the referenced document, true, correct and complete, with the unlawful covenant redacted.
- The County Counsel determination. A Deputy County Counsel signs the approval block; the modification may be recorded only if County Counsel determined the original document contains an unlawful restriction.
The Solano County Assessor/Recorder lists the form at https://www.solanocounty.gov/government/assessorrecorder/forms-information-sheets under Restrictive Covenant Modification Forms, with contact numbers for the Assessor and the Recorder. Ask the county for recording steps and any charges. FillingPDF lets you fill out and download the PDF; submission follows the county's channels.
Common mistakes to avoid
- Attaching a partial or summarized copy of the original document; the form says the attached copy must be true, correct, and complete, with only the covenant redacted.
- Leaving out the recording details, such as the recording date, book and page, or the instrument number, so the original cannot be identified.
- Not stating the page(s) of the original document where the restrictive covenant appears.
- Submitting the form without the Submitting Party's signature and date.
- Treating the form as approved without the Deputy County Counsel's signature; the modification may be recorded only after County Counsel determines the original contains an unlawful restriction.
- Using this form for an affordable housing development document when the county lists a separate Restrictive Covenant Modification: Affordable Housing Developments form.
- Leaving blank the "Recording requested by" and "And when recorded mail to" lines at the top, which tell the county where to return the recorded document.
Frequently asked questions
What is the Restrictive Covenant Modification Form?
It is the Solano County form recorded to redact an unlawful restrictive covenant from an earlier recorded document under Section 12956.2 of the Government Code. A redacted, true, correct, and complete copy of the original document is attached to it.
Which covenants does the form cover?
Restrictions 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 are void under fair housing laws.
Does County Counsel have to approve the modification?
Yes. The form has a County Counsel block with two outcomes: a determination that the original document contains an unlawful restriction and the modification may be recorded, or a finding that it may not be recorded. A Deputy County Counsel signs and dates it.
What date does the recorded modification take effect?
The same date as the original document. The form states that the effective date of its terms and conditions is the same as the effective date of the original document, and that it is indexed in the same manner as the original.
What recording information do I need from the original document?
The page(s) where the covenant appears, plus either the recording date with the book and page, or the instrument number, in the official records of the County of Solano. The form asks for these in its Section 12956.2 paragraph.
Can I fill out the Restrictive Covenant Modification Form online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of Solano County and does not record the form; recording follows the county's channels.
Is there a different form for affordable housing developments?
Yes. The Solano County Assessor/Recorder forms page lists Restrictive Covenant Modification: Affordable Housing Developments and a Restrictive Covenant Modification Implementation Plan as separate items from this form.
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