1. (1) Any attorney, title insurance company, or title insurance agent authorized to do business in this state may remove by recording a new instrument any restrictive covenants which are based upon race or religion, or reference thereto, which are contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property and which:

   1. (a) Are held to be void and unenforceable by final determination of the supreme court of the state of Colorado or the supreme court of the United States; or
   2. (b) Have been modified pursuant to the procedures specified in section 38-30-170.
2. (2) Restrictive covenants which are based upon race or religion may be removed from such documents pursuant to subsection (1) of this section only upon the transfer or sale of, or any interest in, real property subject to such restrictive covenants which occurs subsequent to such final judicial determination or modification specified in subsection (1) of this section.

3. (3) Notwithstanding any law to the contrary, any person who, in good faith and in the usual course of business, delivers any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property which contains any restrictive covenants which are based upon race or religion, or reference thereto, which are void and unenforceable by law shall be immune from civil liability. In addition, such delivery shall not constitute an unfair housing practice as specified in section 24-34-502 (1)(c), C.R.S. The provisions of this subsection (3) shall not apply to any person who:

   1. (a) Represents or attempts to represent that such restrictive covenants which are based upon race or religion are valid and enforceable; or
   2. (b) Honors or exercises or attempts to honor or exercise such restrictive covenants which are based upon race or religion.

Source: L. 90: Entire section added, p. 1645, § 1, effective April 16.