Virginia Beach made short-term rental violations criminal again
Virginia Beach made short-term rental violations criminal again
2026-09-19 · Virginia · Compliance
Virginia Beach has moved short-term rental zoning violations back into the criminal code. City Council voted unanimously on August 12, 2025 to reverse a 2020 change that had made them civil matters, restoring misdemeanour treatment, with fines up to $1,000 for a first offence, higher for an uncorrected violation, and up to $2,000 with repeat charges. The council also added a non-refundable $200 application fee.1
The recorded reason for the reversal was that the civil route “has not…expedite[d] the enforcement process”.
Why this reaches associations at all
It does not change what a Virginia association may do about short-term rentals. Association authority over rentals comes from the declaration and condominium instruments, and the 2025 and 2026 sessions did not amend the Condominium Act or the Property Owners' Association Act on that subject.
What changes is the environment an association's own rule operates in. An owner in a Virginia Beach community whose declaration bars transient occupancy, and who lists anyway, is now exposed on two fronts at once: a covenant enforcement action from the board and a misdemeanour charge from the city.
The two-track structure, and why boards misread it
Virginia's arrangement here is genuinely dual, and it produces a recurring confusion in both directions.
An owner who obtains a city short-term rental permit sometimes treats it as permission. It is not. A zoning permit is the locality saying the use is allowed under its ordinance; it says nothing about a private covenant, and Virginia's framework preserves association restrictions on short-term rentals regardless of what a locality permits.
The reverse error is a board treating a city enforcement action as its enforcement action. It is not that either. A misdemeanour conviction does not stop the listing, does not generate a charge payable to the association, and does not create a record the association can rely on in its own proceeding without proving it.
What the association's own route requires
Where an association enforces against short-term renting as a covenant violation, Virginia's procedural requirements apply in full. Section 55.1-1819(C) requires written notice of the violation and an opportunity to correct it, plus a hearing on at least 14 days' notice before action is taken.
And the charge is capped. Section 55.1-1819(D) limits charges to “$50 for a single offense or $10 per day for any offense of a continuing nature”, not to exceed 90 days. That section was last amended in 2021 and was not touched in 2025 or 2026.
Ten dollars a day is the arithmetic that shapes Virginia short-term rental enforcement. Against a listing generating several hundred dollars a night, the statutory charge is not a deterrent, which is why associations that succeed here do so through injunctive relief rather than through fines.
The fee, and what it signals
A non-refundable $200 application fee is a small number that does real work. It creates a registry the city can check, and it gives the city a list of who is operating. For an association, a municipal permit list is the most practical evidence source available — a permitted address inside a community whose declaration bars transient use is a documented starting point.
The conditions that change the answer
This is one city. Virginia short-term rental regulation is local, and a community in Richmond, Alexandria or Roanoke faces its own ordinance.
Criminal enforcement is the city's, not the board's. An association cannot initiate it and does not benefit from its penalties.
The declaration is what governs the owner's obligation to the association. A community whose documents do not restrict rental length or transient occupancy gains nothing from the city's ordinance.
The charge cap applies to the association's route. Virginia's $50 / $10-per-day limit is statutory and the board cannot raise it by rule.
What to watch next
The 2026 General Assembly enacted no short-term rental legislation reaching community associations, and no such bill was carried over. The regulation of this subject in Virginia is happening in city councils, not in Richmond.
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