Question about short term rental restrictions

7 Replies | Virginia Beach, Virginia

A theoretical question. :-)

What is an average penalty in VB area if the condo association considers that the owner violated rental restrictions? For the sake of conversation they permit 6 months minimum and the tenant vacated earlier and needed to be replaced.   (I mean it's just an example, maybe not the best one, we don't need to solve it...)

So, how much can the investor / owner be charged? Is it a one time fee?  Fee for each violation?  How much can it be?  

Would the amount be in condo documents that will be provided after inspection?

Hi @Olga Kostrova

I'm commenting on Short Term Rental (Vacation Rental). The main thing is getting the Conditional Use Permit approved by City Planning and City Council as that seems to be the biggest hurdle. In that application, it will need the condo assn to sign off on it. At that point and in your condo docs, it would highlight the minimum lease term, if one. If there is no mention of the lease terms, we've always considered it to be any term. Fines for violations may not be listed in any docs but you may be able to call the Assn Management Company anonymously and get the answer. Side note, currently in VB, the ordinance is reading 1 dedicated and assigned parking space per bedroom, 3 night minimum stay, and 3 per bedroom. Planning and Council are strong arming people into agreeing what isn't passed ordinance to approve at 1 stay per week and 2 people per bedroom amongst other stuff. Let me know if you have any other questions or if I didn't answer you correctly.

- Jason

Thank you, @Jason Sampson.

Would you be able to elaborate on this process?

"Conditional Use Permit approved by City Planning and City Council as that seems to be the biggest hurdle. In that application, it will need the condo assn to sign off on it."

  1. How long might it take?
  2. What could be difficulties in obtaining it?
  3. What if the condo will not sign off?
  4. What if one will run short term rentals without a permit?  What are the penalties or other implications?
  5. What if the condo doesn't give a clear answer on penalties, neither in docs nor verbally.  What are the avarage for condo industry in VB?

Thank you very much.

I am reviewing the Proposed Overlay Ordinance Recommendation Summary from March 10th, 2021. View the Proposed Overlay Ordinance Recommendation Summary: HERE

On page 10 they are proposing to change "Contact person must be available to address problem within 30 minutes. Not required to physically go to STR."
to
"Responsible party must be able to physically respond to site within 30 minutes." or "Responsible party must be able to physically respond to site within one hour."

Does this mean you are no longer able to remotely manage your STR and must hire someone nearby? What is the likely hood this will pass?

@Chris Warin From talking to some other investors in the area, it seems like people are thinking it's very likely going to pass. Also I think you're interpreting that requirement correctly. You can email the zoning office with questions. They responded to my questions pretty quick, usually within a day or so.

I finally closed my first condo in VB.  It's curious.  In their CCRs they mentioned nothing at all about rentals, neither long term not short term. Nothing about restricting or allowing, no penalty specified - nothing.

But when I called the HOA office they "think" short term rental is not allowed. Well, I knew they will "think" that, but the documents don't specify it. So, if I go ahead with short-term rentals and they try penalizing me, can i just reference to their CCRs and request them to show me where does it regulate the rental? What if they reference to some document II've never been shown?

I mean, what are my rights in relation to that?

Originally posted by@Olga Kostrova :

I finally closed my first condo in VB.  It's curious.  In their CCRs they mentioned nothing at all about rentals, neither long term not short term. Nothing about restricting or allowing, no penalty specified - nothing.

But when I called the HOA office they "think" short term rental is not allowed. Well, I knew they will "think" that, but the documents don't specify it. So, if I go ahead with short-term rentals and they try penalizing me, can i just reference to their CCRs and request them to show me where does it regulate the rental? What if they reference to some document II've never been shown?

I mean, what are my rights in relation to that?

IRT to above, I believe the rules of the HOA trump any city rules on STR so if the HOA doesn't allow STR it could be an issue with neighbor complaints and HOA fines etc. IRT to the city rules on STR, there is an overly that indicates where you are allowed to have STRs. It looks to be designated to areas on the North Beach, the boardwalk area closer to the shore, Sandbridge is different or exempt. Here is a good website that outlines the areas, I am not sure if everything is approved but it does show what the city is considering or has approved.

https://jessicapabbottvb.com/2...