Mills Creek

The reviewed Walker County declaration covers Mills Creek at Smith Lake, using the legal description replaced by its first amendment. It distinguishes Waterfront Lots 1–38 and 46–50 from Parkside Lots 39–45 and 51–57; Parkside dock licenses and costs are not generic rights for every property. Match the offered lot to the final plat, amended description and later recorded changes.

Is there an HOA, and what does it cost?

Confirm current terms

Association membership follows lot ownership. The original provides annual assessments plus separate Parkside annual assessments for that lot group, possible special/individual assessments, transfer fees and potential third-party facility charges. The board sets current budgets and payment schedules. Request today's dues, reserves, transfer/ARC/facility charges, special assessments and paid-status certificate; this record is not a current fee quote.

Mills Creek recorded declaration · DML Book 2648, p. 317, §4.1; pp. 346–353, §§8.1–8.10

What neighborhood amenities are available?

Confirm current terms

Restricted shared docks/boat parking at Common Area 4 are for the defined Parkside lot group, with individual licenses and permit, rule and payment conditions. The original lists possible pools, courts, parks, playgrounds and trails but does not require the developer to provide them. Confirm operating facilities, the offered lot's actual access or slip license, guest rights and charges before relying on an amenity.

Mills Creek recorded declaration · DML Book 2648, pp. 306–307, §§1.35, 1.42, 1.44–1.45; pp. 311–312, §§3.1–3.2; p. 319, §4.6

What size home can I build?

Confirm current terms

The original delegates minimum and maximum Living Space to the ARC; it gives no fixed numerical size in §6.8. The document defines which heated and cooled areas count and requires approval for certain conversions to living space. Obtain the current lot-specific size and height standards, measurement method and approved plan.

Mills Creek recorded declaration · DML Book 2648, p. 305, §1.27; p. 332, §§6.7–6.8

What styles and plans need approval?

Document summary

The original requires ARC approval for covered plans, exterior work, landscaping and docks, including conversion of nonliving interior space to living space. Submit the required plans and obtain written approval before starting. No written approval within 30 days means disapproval. The developer has a stated exception. Request current styles/materials, siting standards, contractor requirements, review charges and security deposits.

Mills Creek recorded declaration · DML Book 2648, pp. 323–326, §§5.4–5.6; pp. 330–332, §§6.2, 6.4–6.9

Are manufactured or mobile homes allowed?

Document summary

The original expressly prohibits using lots for mobile/manufactured homes, trailers or recreational vehicles. ARC-approved construction trailers are a narrow during-construction exception, not manufactured-home permission. Any claimed current exception needs the applicable amendment or an actual written variance; do not infer approval for a proposed home type.

Mills Creek recorded declaration · DML Book 2648, p. 330, §6.1; p. 343, §6.33

Can I keep or stay in an RV or camper?

Document summary

The original prohibits motorhomes, campers and trailers remaining on lots and does not establish a buyer RV camping period. ARC-approved construction trailers have a separate limited exception. Boats, boat trailers and golf carts have enclosed-storage requirements, with no common-area or roadway storage. Obtain current parking rules and any signed written variance for a particular proposal.

Mills Creek recorded declaration · DML Book 2648, p. 330, §6.1; pp. 338–340, §§6.24, 6.27; p. 343, §6.33

When must construction start?

Document summary

For a lot not already improved as a dwelling, the original requires construction to begin within 24 months after the owner's purchase from the developer or another owner, unless the developer agrees otherwise in writing. Plans must be approved first. A separate clause requires resubmission if work has not substantially commenced within one year of ARC approval, unless waived in writing. Confirm any current extension or variance.

Mills Creek recorded declaration · DML Book 2648, p. 326, §5.5(g); pp. 328–329, §5.11

When must construction finish?

Document summary

The original requires diligent progress and substantial completion within 12 months after construction begins, unless the developer agrees otherwise in writing. Completion includes the ARC's intended-use standard and applicable final occupancy approvals. It lists beyond-control delay extensions and treats 30 days without significant progress as a diligence failure; inability to obtain financing is not a stated extension. Confirm any later amendment or written project-specific relief.

Mills Creek recorded declaration · DML Book 2648, pp. 328–329, §5.11; p. 343, §6.33

Can I rent through Airbnb or VRBO?

Document summary

The reviewed original expressly prohibits leasing or renting a dwelling for residential purposes; it does not provide ordinary Airbnb/VRBO permission or a numerical minimum stay. The developer's sales/model-office provision is not a general buyer rental allowance. If a seller claims an exception, obtain the current recorded amendment or the actual signed written ARC variance and confirm its scope for this property.

Mills Creek recorded declaration · DML Book 2648, p. 330, §6.1; p. 343, §6.33

What other rules should I know?

Document summary

The original requires sewer service under a written contract and prohibits private septic. Waterfront docks need ARC and Alabama Power written permission, and docked vessels may not be used for overnight stays. Landscaping, trees, exterior structures and shared driveways also have controls or owner-cost provisions. Confirm the offered lot's dock/slip rights, utility contract, maintenance duties and current approvals.

Mills Creek recorded declaration · DML Book 2648, pp. 316–317, §3.9; p. 332, §6.9; pp. 339–340, §§6.26–6.27; p. 344, §§6.35, 7.1

All 71 pages of the original declaration and all five pages of the known first amendment were reviewed. The amendment changes the legal description for sewer land and preserves the other terms. Current architectural standards, bylaws, adopted rules, dues, facility operations, later amendments and lot-specific licenses still need confirmation. Research checked Oct 31, 2026.