It is well settled California law that constructive notice of a document affecting real property is conclusively presumed where said document is recorded as prescribed by law or indexed in the public records. See Cal. Civ. Code § 1213; see also First Bank v. East West Bank, (2011) 199 Cal. App. 4th 1309, 1314. Generally, CC&Rs are recorded instruments indexed in the public record. Thus, violation of a covenant or restriction affecting real property subject to the CC&Rs, is not excused or otherwise permissible if the violating property owner claims ignorance or lack of awareness or knowledge of the CC&R rules. As a matter of California law, a property owner is charged with actual knowledge of recorded documents affecting real property which he/she holds title to.