A recorded declaration of covenants, conditions and restrictions (CC&Rs) serves as constructive notice of the contents, including all restrictions in the document. Actual notice consists of express information of a fact. Constructive notice means notice provided by public records. By means of constructive notice, people are presumed to know the contents of recorded instruments.

Constructive notice is the equivalent of actual knowledge. knowledge of its contents is conclusively presumed. "By statute, any instrument "affecting the title to ... real property may be recorded" by the "county recorder of the county in which the real property affected thereby is situated." "Recording consists of copying the instrument in the record book and indexing it under the names of the parties. California law provides that every conveyance of real property recorded as prescribed by law provides constructive notice of its contents to subsequent purchasers. The term "conveyance" is broadly defined to include every instrument in writing ... by which the title to any real property may be affected .... " Constructive notice "is the equivalent of actual knowledge. Knowledge of its contents is conclusively presumed by law.