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In Washington, homeowners can take action to remove outdated and discriminatory language from real property covenants. While these provisions are legally unenforceable, they may still appear in historical title documents. Fortunately, the process to formally amend these records is straightforward and typically free of charge.
Here’s how the property owner can update the property records:
1. Identify the Covenant
• Locate the deed or title document containing the discriminatory language.
• Note key details such as the recording number, date, legal description, and tax parcel
number for reference.
2. Complete a Restrictive Covenant Modification Form
• Most county Recorder’s Offices provide this form online.
• Fill it out using the necessary property details but do not sign it yet—the form must be
notarized.
• The form will confirm that the discriminatory provisions are void and unenforceable under
RCW 49.60.224 and federal law.
3. Notarize the Document
• Sign the completed form in the presence of a licensed notary public to verify your identity.
4. Record the Modification
• Submit the notarized form to your county Recorder’s Office to have it officially recorded.
• In most counties, this process is free of charge.
Alternative Option: Homeowners may also choose to file a lawsuit in superior court under RCW 49.60.227, which allows a judge to formally strike discriminatory language from the public record.
Removing these outdated provisions ensures that historical documents reflect today’s values of fairness and inclusion in homeownership. If you have questions, check with your local county Recorder’s Office for more details.
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