BMI Imaging Systems announced it contracted with the Monterey County, Calif., Recorder’s Office to help implement the county’s AB 1466 Restrictive Covenant Modification Program.
In 2021, Calif. Gov. Gavin Newsom signed AB 1466, under which homeowners can request to modify property documents that contain unlawful discriminatory covenants. This requires county recorders in the state to find a way to remove restrictive covenants from their official records. BMI developed a hosted platform that provides recorders with the ability to identify, review, and re-record restrictive covenant documents. It also offers recorders services to locate, verify and redact restrictive covenants and create modifications for internal and county counsel approval.
On its site, the Monterey County Recorder’s Office noted that to record a restrictive covenant modification per AB 1466 a person must:
- Complete a Restrictive Covenant Modification Form
- Attach a copy of the original document containing the unlawful restrictive language with the unlawful language Redacted, so it is not visible.
- Submit the completed document to the County Recorder. There is no fee to record this document in Monterey County.
Upon receipt, the Recorder's office will submit the document to County Counsel who will determine whether the original document contains any unlawful restrictions, as defined in Government Code Section 12956.2 subdivision (b). Only those determined to be in violation of the law will be recorded and those that are not, will be returned to the submitter unrecorded. Please be advised this process can take up to 90-days.
It noted that the County Recorder is not liable for modification not authorized by law. This is the sole responsibility of the holder of ownership interest who caused the modified recordation per Government Code Section 12956.2(h).