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Alameda County, CA,
Office of Melissa Wilk, Alameda County Auditor-Controller/Clerk-Recorder

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Restrictive Covenant Modification

Pursuant to Government Code Section 12956.2, a person who holds an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Government Code Section 12955 may record a document titled Restrictive Covenant Modification. Unlawful restrictions include those restrictions based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, national origin, source of income as defined in subdivision (p) of Government Code Section 12955, or ancestry.

Steps to Recording a Restrictive Covenant Modification:

  1. Obtain a complete copy of the original document containing the unlawfully restrictive language from the County Clerk-Recorder's Official Public Records. Locate and strike out any unlawfully restrictive language.
  2. Complete and print the Restrictive Covenant Modification form. Note that the form must include an acknowledgment executed by a notary public or other qualified officer.
  3. Submit the completed Restrictive Covenant Modification form and the original document to the County Clerk-Recorder's Office. No fee is required for this service.
  4. The County Clerk-Recorde's Office will forward the Restrictive Covenant Modification form and the original document to the Office of the County Counsel who shall determine whether the original document contains any unlawful restrictions.
  5. The Office of the County Counsel will review and return the documents to the County Clerk-Recorder's Office along with its determination. If approved, a Deputy County Counsel will sign the Restrictive Covenant Modification, and the County Clerk-Recorder's Office will record it. However, if the Office of the County Counsel finds that the original document does not contain an unlawful restriction, then the County Clerk-Recorder's Office will not record the Restrictive Covenant Modification.
  6. Once the approved Restrictive Covenant Modification is recorded, imaged, and indexed, it will be returned to the submitter by mail.

NOTE: The County Clerk-Recorder's Office is strictly prohibited from altering, changing, obliterating, or inserting new matters into any historical documents that have already been recorded into our Official Public Records.

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