Another short term rental question. No mentions in HOA CCR, but..

9 Replies | Virginia Beach, Virginia

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?

Hi, Olga. Virginia Beach is putting some very strict guidelines on short term rentals and it looks like they will pass a law that only allows them in the overlay district. You will need to reach out to zoning. 

We personally bought a very neat short sale on the out skirts of the overlay district that we have now decided to flip because of the new laws going into effect. 

Best of luck to you! 

Depends on where you are located in VB. Some condo associations do not let strs. However, they may be referring to location. Right now if you weren’t grandfathered anywhere at Ocean Front you have to get CUP. This may change to only the overlay districts at the beach and parts of shore drive being allowed. Sandbridge is the only place to be excluded from the ordinance passed in 2019. If you used a Realtor or agent for this they should have done their research if they knew your buying for a str if they didn’t know imo, not knocking the agent if you used one. It really depends on your location IMO.

Thank you, Taylor Bishop.

My agent had no clue. I don't even think she was aware of any new regulations that are coming up.

May I ask, where are the boundaries of the overlay district?  Sorry, I know I can research and find it, bit since you guys seem to know all about the city I've never been in yet, is are near Bow Creek Golf Course outside of it? If so, I guess I am screwed. :-)

I wouldn't proceed unless you can get something in writing stating there are no restrictions. Also keep in mind they can change the rules at any time. I would avoid buying a property with HOA, unless you are able to get a seat on the board and influence them.

@Olga Kostrova another option you can look into is 30+ term rentals, most STR rules are for stays up to 29 days. "long term" usually trips at the 30 day mark, these seems problematic as it does take away a lot of the market if you are looking to pursue the Air BNB model and weekend warriors during the summer months but there is a local market for 30+ days and folks are doing quite well as there is a large contractor, nurse, government presence in the area... just food for thought.

As far as true STR goes reach out to planning in Va beach to get the actual information regarding what is and what is not allowed and where. the HOA or Condo Association can tell you yes or know as far as what they allow but the city will be the ones who come down hard if its not allowed where you are at. They have been cracking down in VA beach and the surrounding areas and i know they search through listings on sites like Air BNB and VRBO looking for violators. Its well worth the phone call or email ahead of time then get hit with fines, fees, and sanctions once you go live.