RESTRICTIVE COVENANT MODIFCATION PROGRAM 

Effective July 1, 2022 and pursuant to legislative changes to Government Code 12956.2 under AB 1466 (2021), the Madera County Recorder's office has developed plans to identify recorded documents that may contain potentially unlawful restrictions and have said language redacted upon review by Madera County Counsel. This plan and future updates can be found below:

Restrictive Covenant Modification Plan

The list of known, recorded Covenants, Conditions and Restrictions (CC&Rs) recorded between 1944 - 1979 is provided below.  These CC&Rs will be reviewed as part of Phase 4 or may be reviewed by the public in our office at any time using micro film readers.

CC&R Index 1944-1979                   List of Recorded Restrictive Covenant Modifications

Note: CC&Rs recorded from 1980 to present day may viewed on the public computer terminals.

RACIAL OR OTHERWISE UNLAWFUL RESTRICTIONS 

Pursuant to Government Code 12956.2, the below document entitled Restrictive Covenant Modification is available to the public and shall be allowed to be reviewed and recorded to strike out blatant racial or other unlawful restrictive covenants from a previously recorded document after local County Counsel determines such language violates fair housing laws and is void at the request of any interested party.

This document requires the following:

1. Identification of document page number and language in violation
2. Recording reference of document with unlawful restrictive covenant
3. Copy of referenced document attached complete with unlawful restrictive language identified
4. Approval by County Counsel provided to County Recorder, within 3 months

This document may be submitted by the current owner or person acquiring ownership; a title company, escrow company, county recorder, real estate broker, real estate agent, or any other person.  Upon approval by County Counsel, the Modification may be recorded at no fee.  The Modification will be indexed in the same manner as the original document being modified and as a Restrictive Covenant Modification in the Official Records Index.

RESTRICTIVE COVENANT PUBLIC NOTICE

Restrictive Covenant Modification - for racial or otherwise offensive unlawful language

HOUSING DEVELOPMENT RESTRICTIONS

(FORMERLY "AFFORDABLE HOUSING" RESTRICTIONS)

Pursuant to Civil Code 714.6 a Restrictive Covenant Modification form may be recorded at the request of an owner of a housing development to modify or remove any recorded covenants, conditions, restrictions or private limits on the use of property in any deed, contract or other instrument affecting the transfer or sale of any interest in real property that restricts  or prohibits the residential use of the property, the number, size, or location of the residences that may be built on the property, or that restrict the number of persons or families who may reside on the property deeming these restrictions unenforceable against the owner of a housing development, if approved by County Counsel and recorded in the office of the County Recorder.

Effective January 1, 2026 and pursuant to AB 1050, the Restrictive Covenant Modification form may be requested by any housing development as defined by Civil Code 714.6(j). 

This form is available below and requires the following at the time of submitting to the County Recorder:

1. Name(s) of owner(s) of the housing development/Requesting Party
2. Identification of document page number and language in violation
3. Recording reference of document with unlawful restrictive covenant
4. Attached copy of referenced document 
5. If modifying a conservation easement, a copy of the notice(s) described in CC 714.6(g)(3) - will not be included in final recording page count
6. For County Counsel Review: Documentation the owner believes are necessary to establish that the property qualifies as a housing development - will not be included in final recording page count
7. Signature(s) of owner(s) of housing development
8. Signature acknowledged
9. Approval by County Counsel, within 15 business days of submission by Recorder
10. Regular recordings fees are applicable + $75.00 Housing fee

Restrictive Covenant Modification - Housing Development