Recorder's Office - Joseph J. Tirio, McHenry County Recorder

Unlawful Restrictive Covenants

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Dear Customer,

The Clerk and Recorder’s Office is excited to be able to provide this document to help guide you through the process of submitting a Restrictive Covenant Modification to an Unlawful Covenant for recording. This guide should help ensure that you provide adequate documentation and information so that it can be recorded as soon as possible, and with as little inconvenience as possible. If submitting by mail, we encourage you to include this worksheet with your submission, although it will not be recorded.

As always, if you have any questions, please do not hesitate to call.

Kindest Regards,

Joe Tirio – County Clerk and Recorder

 

IMPORTANT ANNOUNCEMENT FOR PROPERTYOWNERS AND CONDOMINIUM AND UNIT OWNERS' ASSOCIATIONS

 

 Effective January 1, 2022, a new Illinois statute provides a specific procedure to modify illegal restrictive covenants that may still be included in the title documents for your homes, condominiums or housing units. Covenants at issue are those that prohibit the sale or lease to a property based on race, religion or natural origin, for example. These violate the Illinois Human Rights Act and have probably not been enforced in recent years but may still be part of the official title to your property or properties. Despite the lack of enforcement, you may want to have these covenants removed from your title documents. The statute now allows a simple procedure to modify a title document and re-record it with the illegal covenant deleted. The process can be initiated by an individual owner or a condominium 

URC-2 (1)

Link to flyer announcing the May 18 presentation

Link to video recording of the May 18th presentation.

Link to shorter version of the video above

User Guide to Modification to restrictive covenants