Tamarac attorney outlines amendment requiring unanimous commission vote and 100% neighbor consent to release golf-course covenant

3071290 · April 21, 2025

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Summary

City Attorney Hans Atsun presented an amendment to a recorded restrictive covenant for Colony West Golf Course that would require a unanimous City Commission vote and 100% consent of residential property owners within 400 feet to release the golf-course-use restriction.

City Attorney Hans Atsun presented an amendment to a recorded restrictive covenant that would make it harder to remove golf-course use protections for two Tamarac courses.

Atsun told commissioners the amendment would require a unanimous City Commission vote to release the restriction and require “100% vote of residential property owners within 400 feet of these properties to release the restriction.”

The amendment updates an earlier recorded covenant that preserved “Championship Golf Course, Colony West Golf Course” as recreational uses. Atsun said the city requested the amendment to reflect two new conditions intended to keep the existing amenities in place and to require broader local consent before the restriction can be removed. He cited a comparable arrangement at Woodmont Golf Course, which uses a different radius and consent threshold.

Commission staff did not present a formal motion or vote during the workshop; Atsun described the change as an amendment directed by the commission. There was brief clarification from the manager that the amendment applies to both sides of the golf course and that the original covenant already covered both properties.

The discussion was informational and procedural at this workshop; no formal action was recorded in the transcript. City staff indicated the amendment will reflect the commission’s direction and be returned for legal and recording steps consistent with prior practice.

Clarifying details from the presentation include: the added requirements of a unanimous City Commission vote and a 400-foot notification/consent radius requiring 100% of residential property owners’ approval to release the covenant. The recorded covenant and the proposed amendment retain references to the existing on-site amenities.

Next steps were not specified in detail on the record; the item was described as an administrative amendment following prior direction from the commission.