Windemere on Smith Lake

What to compare in Windemere

The offered parcel’s plat and governing documents, association costs, sewer arrangements and any allocated boat-slip rights.

Your neighborhood questions, answered

Document summaries describe the sources reviewed. Confirm current amendments, fees and the rules for your exact lot.

The 2007 Windemere Lakeside Garden Homes condominium declaration and its 2011 first amendment describe residential/recreational units beside Smith Lake and County Road 51 in Cullman County. These units can contain detached homes or undeveloped homesites; match the offered unit to the amended plat and allocation schedule rather than assume an apartment-style condominium or a generic boat-slip right.

Is there an HOA, and what does it cost?

Confirm current terms

The recorded documents establish an association with common-expense assessments, reserve funding and possible special assessments. The declaration generally provides monthly installments, subject to board changes. The 2011 amendment deletes the old estimated budget, so its historical amounts are not current dues. Request the present budget, paid-status statement, special assessments and separate sewer charges.

Windemere recorded condominium declaration and bylaws · Condominium Book 1, pp. 18–21, §§4.2–4.8; bylaws pp. 55–57, Art. VI; MISC Book 273, p. 518, ¶5 · PDF page 18
Windemere first recorded condominium amendment · Condominium Book 1, pp. 18–21, §§4.2–4.8; bylaws pp. 55–57, Art. VI; MISC Book 273, p. 518, ¶5 · PDF page 18

What neighborhood amenities are available?

Confirm current terms

The original designates a pool, pool deck, pavilion, boat dock, road and common grounds. The 2011 schedule assigns boat slips to particular units and reserves selected slips for later assignment. Verify facilities operating now, the offered unit's current slip assignment, guest rights, maintenance charges and shoreline approvals; the record alone does not confirm current operations.

Windemere recorded condominium declaration and bylaws · Condominium Book 1, pp. 7–8, §1.1(e), p. 21, §5.1; MISC Book 273, pp. 525–526 · PDF page 7
Windemere first recorded condominium amendment · Condominium Book 1, pp. 7–8, §1.1(e), p. 21, §5.1; MISC Book 273, pp. 525–526 · PDF page 7

What size home can I build?

Document summary

The original requires at least 2,000 square feet of heated living area. A one-and-one-half- or two-story home must have at least 1,000 square feet on the main level, excluding open porches, and may not exceed two stories above ground. Confirm the current ARC standards and measurement for the proposed home.

Windemere recorded condominium declaration and bylaws · Condominium Book 1, p. 25, §6.3 · PDF page 25

What styles and plans need approval?

Document summary

Submit plans and obtain ARC approval before building or making covered alterations. The original calls for duplicate plans, design/material/color information and a surveyor's site plan where the proposed site differs from the recorded plan. Its 30-day response clause treats silence as disapproval. Request current standards, application, contractor approval, fees, deposits and written authorization.

Windemere recorded condominium declaration and bylaws · Condominium Book 1, pp. 13–16, §§3.4–3.6; MISC Book 273, pp. 517–518, ¶2 · PDF page 13
Windemere first recorded condominium amendment · Condominium Book 1, pp. 13–16, §§3.4–3.6; MISC Book 273, pp. 517–518, ¶2 · PDF page 13

Are manufactured or mobile homes allowed?

Document summary

The original expressly prohibits mobile homes on units, together with motorhomes, trailers and campers, and restricts temporary dwellings and outbuildings. It does not provide general modular or manufactured-home approval. Confirm how the current ARC classifies any proposed factory-built home; the limited developer construction/sales exceptions do not grant that use to ordinary buyers.

Windemere recorded condominium declaration and bylaws · Condominium Book 1, p. 28, §§6.16(a), 6.17 · PDF page 28

Can I keep or stay in an RV or camper?

Document summary

The original prohibits motorhomes, campers and trailers on units; it does not give buyers an RV living period while building. Boats, golf carts and their trailers have designated ARC storage provisions. Separate temporary social-function and developer construction/sales exceptions are narrow. Obtain current parking/storage rules and any written variance for a particular proposal.

Windemere recorded condominium declaration and bylaws · Condominium Book 1, p. 28, §§6.16–6.17; pp. 30–31, §6.22 · PDF page 28

When must construction start?

Document summary

The 2011 replacement requires plan approval before construction or alteration and a contract with an ARC-approved contractor within 180 days after approval. That is a contract deadline, not an express 180-day physical-start deadline. Original §3.6(g) also requires plans to be resubmitted if work has not substantially commenced within one year of approval. The old closing-based deadlines in §3.4 were replaced.

Windemere recorded condominium declaration and bylaws · Condominium Book 1, p. 16, §3.6(g); MISC Book 273, pp. 517–518, ¶2 · PDF page 16
Windemere first recorded condominium amendment · Condominium Book 1, p. 16, §3.6(g); MISC Book 273, pp. 517–518, ¶2 · PDF page 16

When must construction finish?

Confirm current terms

Two reviewed provisions need reconciliation. The 2011 replacement §3.4 paragraph says 18 months after commencement, with a county occupancy certificate and ARC compliance letter unless a variance is granted. Original §3.6(j) separately says all construction must finish within 12 months; the amendment does not expressly delete it and preserves other terms. Obtain the current recorded clarification and written ARC/association determination rather than assume 18 months is available.

Windemere recorded condominium declaration and bylaws · Condominium Book 1, p. 16, §3.6(j); MISC Book 273, pp. 518–519, ¶¶2, 9 · PDF page 16
Windemere first recorded condominium amendment · Condominium Book 1, p. 16, §3.6(j); MISC Book 273, pp. 518–519, ¶¶2, 9 · PDF page 16

Can I rent through Airbnb or VRBO?

Not verified

No numerical lease minimum or express Airbnb/VRBO permission was identified in the complete original declaration/bylaws or the reviewed later amendment. The documents address residential/recreational use, tenants and association rules; that does not establish short-term rental approval. Obtain current rental rules, later amendments and property-specific requirements.

Windemere recorded condominium declaration and bylaws · Condominium Book 1, pp. 24–25, §§6.1–6.2 and bylaws pp. 47–59; MISC Book 273, pp. 517–519 · PDF page 24
Windemere first recorded condominium amendment · Condominium Book 1, pp. 24–25, §§6.1–6.2 and bylaws pp. 47–59; MISC Book 273, pp. 517–519 · PDF page 24

What other rules should I know?

Document summary

The original requires adequate off-street unit parking and prohibits carports/garages on units. Pets are limited to three domesticated animals, subject to nuisance rules; exterior work, fences and landscaping have approval conditions. Owners have dwelling, yard, utility and insurance responsibilities separate from association common-area maintenance. Verify current rules and the unit's assigned slip before buying.

Windemere recorded condominium declaration and bylaws · Condominium Book 1, pp. 21–24, §§5.1–5.4; pp. 26–28, §§6.4–6.17; pp. 34–35, §8.1; MISC Book 273, pp. 525–526 · PDF page 21
Windemere first recorded condominium amendment · Condominium Book 1, pp. 21–24, §§5.1–5.4; pp. 26–28, §§6.4–6.17; pp. 34–35, §8.1; MISC Book 273, pp. 525–526 · PDF page 21

The complete 65-page original, including its bylaws and exhibits, and 32 pages of four later instruments were reviewed. The original separate 12-month construction clause and amended 18-month paragraph need written reconciliation. Current dues, adopted rules, later amendments and exact unit/slip rights remain current-record questions; reduced survey dimensions were not used. Research checked 2026-10-31.

Neighborhood features

• The original designates a pool, pool deck, pavilion, boat dock, private road and landscaped/common areas. These are recorded common-element descriptions, not confirmation that every facility operates today or is open without conditions.

  Windemere recorded condominium declaration and bylaws · Condominium Book 1, pp. 7–8, §1.1(e); p. 21, §5.1 · PDF page 7

• The 2011 amendment provides a unit-specific boat-slip schedule and reserves selected slips for later recorded assignment. Confirm the offered unit's current recorded allocation, fees and use rules.

  Windemere first recorded condominium amendment · MISC Book 273, pp. 525–526, replacement Exhibit D · PDF page 11

Building and ownership notes

The available document copies state:

• The original requires at least 2,000 square feet of heated living area. A one-and-one-half- or two-story home needs at least 1,000 square feet on the main level, excluding open porches, with no more than two stories above ground.

  Windemere recorded condominium declaration and bylaws · Condominium Book 1, p. 25, §6.3 · PDF page 25

• Dwelling plans, exterior changes, materials, siting and landscaping require architectural review. The original gives a 30-day response period and treats silence as disapproval; obtain written approval and the current standards before starting.

  Windemere recorded condominium declaration and bylaws · Condominium Book 1, pp. 14–16, §3.6; MISC Book 273, pp. 517–518, ¶2 · PDF page 14
  Windemere first recorded condominium amendment · Condominium Book 1, pp. 14–16, §3.6; MISC Book 273, pp. 517–518, ¶2 · PDF page 14

• Mobile homes, motorhomes, trailers and campers are prohibited on units by the original vehicle clause. Separate temporary-structure exceptions concern developer construction/sales uses and specified social functions, not a general buyer camping allowance.

  Windemere recorded condominium declaration and bylaws · Condominium Book 1, p. 28, §§6.16–6.17 · PDF page 28

• The amended paragraph requires a construction contract with an ARC-approved contractor within 180 days after plan approval. The original separately requires resubmission if work has not substantially commenced within one year after approval.

  Windemere recorded condominium declaration and bylaws · Condominium Book 1, p. 16, §3.6(g); MISC Book 273, pp. 517–518, ¶2 · PDF page 16
  Windemere first recorded condominium amendment · Condominium Book 1, p. 16, §3.6(g); MISC Book 273, pp. 517–518, ¶2 · PDF page 16

• Construction timing needs clarification: the 2011 amendment replaces §3.4's paragraph with an 18-month completion period, while the original separate §3.6(j) still states 12 months. The amendment preserves other terms; obtain a current written determination before relying on a deadline.

  Windemere recorded condominium declaration and bylaws · Condominium Book 1, p. 16, §3.6(j); MISC Book 273, pp. 518–519, ¶¶2, 9 · PDF page 16
  Windemere first recorded condominium amendment · Condominium Book 1, p. 16, §3.6(j); MISC Book 273, pp. 518–519, ¶¶2, 9 · PDF page 16

• Association assessments fund common expenses, with reserves and possible special assessments. The 2011 amendment deletes the original estimated budget; it is not evidence of today's dues or sewer charges.

  Windemere recorded condominium declaration and bylaws · Condominium Book 1, pp. 18–21, §§4.2–4.8; MISC Book 273, p. 518, ¶5 · PDF page 18
  Windemere first recorded condominium amendment · Condominium Book 1, pp. 18–21, §§4.2–4.8; MISC Book 273, p. 518, ¶5 · PDF page 18

Recorded document trail

• The original declaration, actual association bylaws and all exhibits were reviewed. Its legal description and original plat identify the lake setting; later plats and the offered unit's documents still control exact boundary and assignment questions.

  Windemere recorded condominium declaration and bylaws · Condominium Book 1, pp. 1–65, especially Exhibits A–F pp. 46–65; Plat Book 2007, p. 1 · PDF page 1
  Windermere Lakeside Garden Homes original plat · Condominium Book 1, pp. 1–65, especially Exhibits A–F pp. 46–65; Plat Book 2007, p. 1 · PDF page 1

• The 2011 first amendment changes the stated unit total from 34 to 31, replaces the §3.4 construction paragraph and unit/slip allocations, deletes the old budget and adds a sewer trust. It does not expressly delete §3.6(j)'s separate completion clause.

  Windemere first recorded condominium amendment · MISC Book 273, pp. 517–519, ¶¶1–6, 9; pp. 525–526; Condominium Book 1, p. 16 · PDF page 3
  Windemere recorded condominium declaration and bylaws · MISC Book 273, pp. 517–519, ¶¶1–6, 9; pp. 525–526; Condominium Book 1, p. 16 · PDF page 3

• The later reviewed records have narrow purposes: a 2017 sewer assignment, a 2022 entry-area encroachment agreement and a 2024 utility-easement vacation beside Unit 5. They are not general replacements of the building or rental rules.

  Windemere recorded sewer-easement assignment · MISC Book 325, pp. 69–73; MISC Book 380, pp. 399–402; Deed Book 755, p. 741
  Windemere recorded entry-area encroachment agreement · MISC Book 325, pp. 69–73; MISC Book 380, pp. 399–402; Deed Book 755, p. 741
  Windemere recorded Unit 5 utility-easement vacation · MISC Book 325, pp. 69–73; MISC Book 380, pp. 399–402; Deed Book 755, p. 741

• Referenced access/flowage/easement records, the underlying 2015 sewer easement and the later 2020 plat need their own review where relevant. A source reference is not proof that the referenced text or the full current amendment chain has been checked.

  Windemere recorded condominium declaration and bylaws · Condominium Book 1, pp. 46, 65; MISC Book 325, p. 69; Deed Book 755, p. 741 · PDF page 46
  Windemere recorded sewer-easement assignment · Condominium Book 1, pp. 46, 65; MISC Book 325, p. 69; Deed Book 755, p. 741 · PDF page 46
  Windemere recorded Unit 5 utility-easement vacation · Condominium Book 1, pp. 46, 65; MISC Book 325, p. 69; Deed Book 755, p. 741 · PDF page 46

Questions for the exact property

• Which amended plat, current unit number, allocation schedule and later recorded changes govern the offered property, including Plat Book 2020, pp. 38–38A?
• Which boat slip transfers with this unit, and what shoreline permits, maintenance costs, guest or rental-occupant rules and future assignment records apply?
• What are the current association budget, reserves, unpaid balances, special assessments, insurance responsibilities and separate sewer/utility charges?
• How has the association reconciled the separate 12- and 18-month construction clauses, and what written approval, contractor, deposit and extension conditions apply to this project?
• What current rental, vehicle/boat-trailer parking, exterior maintenance and utility-connection rules apply to this particular unit?

Understand the map and the property

Community pins identify reference locations, not entrances or subdivision boundaries. A highlighted tax parcel is the selected listing’s map reference and may not include all land offered for sale. Nearby parcels are not assumed to be part of the community or listing. Confirm boundaries, access and rights with recorded documents and a survey.