Virginia short-term rentals: A guide to laws and restrictions

What are short-term rentals?

Short-term rentals are temporary stays in a home, often booked online through services like Airbnb. In HOA communities, the steady turnover can feel more like ongoing guest traffic than a traditional tenancy, which can bring day-to-day challenges like gate/amenity access control, parking impacts, extra noise, more wear on common areas, and added pressure on on-site staff or vendors.
 

Can Virginia HOAs restrict short-term rentals?

Yes, under the Property Owners’ Association Act, Virginia HOAs can typically restrict or prohibit short-term rentals when the restriction is authorized in the community’s declaration and properly adopted (Va. Code § 55.1-1806).
 

Pros and cons of short-term rentals in HOA communities

Short-term rentals can be a hot topic because there are real tradeoffs.
 

Potential benefits

• Extra income for owners in high-demand areas with rising assessments
   
• Flexibility for owners who travel frequently
   
• Can reduce vacancy, especially in communities with seasonal demand
   
• Expanded buyer pool for investors who look for communities that allow short-term rentals
   

Common downsides

• Security concerns when gate codes or amenity passes circulate
   
• More noise and complaints from frequent turnover
   
• Higher wear on amenities and common areas
   
• Less community culture when neighbors constantly change
   
• Parking congestion and rule violations by guests unfamiliar with community standards
   

Where to find your HOA’s short-term rental rules

Before you list a home, confirm what your association’s governing documents actually say. If you are not sure what applies, you can review the resale disclosure packet you received at closing. For the most up-to-date documents, request a copy of your governing documents through your board or community manager.

FirstService Residential Connect™ makes this easier for homeowners and board members with secure access to community information, including posted association documents, notices, and records through an interactive community website and mobile options.
 

Common Virginia HOA restrictions on short-term rentals

Even when a community does not fully ban short-term rentals, it may control them by:

• Minimum lease term requirements (e.g., 6 to 12 months)
   
• Requiring owners to provide tenant/guest contact details and a local emergency contact
   
• Requiring registration of renters/occupants and vehicle info for parking compliance
   
• Restricting amenity access for non-residents or limiting guest passes
   
• Enforcing occupancy caps, noise rules, trash rules, and pet rules
   
• Requiring quiet hours and complaint response procedures
   

These rules are usually meant to keep the community running smoothly and cut down on disruptions.
 

Short-term rental laws in Virginia

In Virginia, short-term rentals are governed by a mix of state and local laws:

• State definition: Virginia law defines a short-term rental as providing “a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy” (Va. Code § 15.2-983(A)).
   
• Local regulation: Cities and counties can set their own rules for short-term rentals, often through zoning, permits, or basic operating standards. Here are a few examples of how different it can look:
   
  • Fairfax County: Requires a Short-Term Lodging (STL) permit and sets operating standards.
     
  • Arlington County: Requires an Accessory Homestay permit with eligibility requirements commonly tied to primary residency.
     
  • Richmond: Requires a Short-Term Rental permit and compliance with regulations.


• Taxes: Many localities charge a transient occupancy tax on stays under 30 days. Filing rules vary, especially if you use a booking platform that collects tax on your behalf.

Even if a locality allows short-term rentals, your HOA can still prohibit or restrict them through its governing documents. Local permission is only one layer.
 

Insurance and liability: the common blind spot

Short-term rentals can change the risk profile of a home. Owners should confirm, in writing, whether their homeowner’s insurance covers short-term rental activity, and whether an endorsement or commercial coverage is needed.

From the association side, repeated short-term rental activity can also increase claims exposure and operational risk in common areas (pool, clubhouse, parking), which is why Virginia HOA boards often treat this as a safety and liability issue, not just a rule issue.
 

What happens if someone violates the rules?

Most communities start with a written compliance notice to the owner and may also notify the occupant if the association has their information. If the activity continues, the next step is usually a clearer demand to stop and a timeline to comply, supported by documentation like concierge logs, fob audit information, elevator bookings, or confirmed listings.

If it still does not stop, the HOA typically escalates through its formal enforcement process, which may include letters from legal counsel, cost recovery where appropriate, and an application to court for a compliance order in more serious cases.
 

How an HOA management company can help

A strong community manager helps boards handle short-term rental pressure points in a way that is organized and consistent. That includes tracking what the governing documents actually say, standardizing violation documentation, coordinating vendor workflows, and supporting compliance with Virginia HOA laws.

Management can also help the board stay proactive by identifying trends (noise calls, parking issues, amenity misuse), tightening procedures where allowed (amenity access policies, guest parking controls), and coordinating with legal counsel when needed.
 

About FirstService Residential

For more than 30 years, FirstService Residential has been Virginia’s trusted leader in property management. Our local experts provide customized services that simplify association operations, from collecting monthly assessments to financial management, maintenance, and long-term planning. We understand the needs of Virginia communities and deliver proven programs that support financial stability and consistent service. Plus, we offer 24/7 customer care and industry-leading training for board members and associates.

Contact FirstService Residential today to learn how our Virginia team can support your community.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.