Maui Short Term Rentals: a list of Maui's Hotel Zoned Properties

Posted by Courtney M. Brown on Monday, May 6th, 2024 at 1:38pm.

Maui's Hotel Zoned Condominiums

On May 3, 2024, the Mayor of Maui County announced that he intends to submit a bill to the Planning Commission and the Maui County Council to phase out short-term rentals in the Apartment Zones. 

Per the County of Maui's website: "the bill would phase out and repeal decades-old transient vacation rentals (TVRs) operating in the Apartment District, also known as the Minatoya list TVRs. These TVRs – numbering 7,000 units (2,200 of which are in West Maui) – would phase out West Maui units by July 1, 2025, and all other units countywide by Jan. 1, 2026, with the bill’s approval."

Given this announcement, many prospective buyers who are looking for a property that can be used part-time and rented when they are not in residence are focusing on Hotel Zoned Properties, as transient rentals are allowed for properties in the hotel zone per the county code.

Which Maui Condominium Properties are Hotel Zoned?

WEST MAUI HOTEL ZONED VACATION RENTAL CONDOS

Kapalua

Napili

*Note: this is per the DCCA at https://web.dcca.hawaii.gov/--MauiCountyPropertyTax.com shows Napili Ridge as NBCID

The following are not zoned hotel--they are located in the Napili Bay Civic Improvement District (Read More)

Kaanapali

Kahana

Honokowai

Lahaina

*these properties are in the burn zone.  Aina Nalu is no longer standing. Lahaina Shores while standing cannot currently be occupied.

SOUTH MAUI

Makena

Wailea

*note CC&Rs at Wailea Point prohibit Short Term Rentals

Kihei

Hana

  • Hotel Hana Maui (Hotel)

H is Hotel Zoned, and includes H-1, H-2, H-M 
NBCID is the Napili Bay Civic Improvement District
Zoning is taken from the DCCA website and county tax records and should be checked for accuracy.

About Maui Vacation Rentals and Condominiums

For anyone considering a short term rental property a few helpful tips:

  • Maui County defines anything less than 180 days as a short-term rental
  • Short-term rentals are allowed if the condominium property is hotel zoned.  If it is not Hotel Zone and is in the Apartment Zone, the short-term rentals may be allowed if it falls under the Minatoya Opinion (see below)
  • You MUST have an on-island property manager.  If they manage property for more than one owner, the property manager must hold an active real estate license.
  • Homes are far less easy to vacation rent, as short-term rentals in Residential Zoning are only allowed with a Short Term Rental Home Permit, B&B Permit, or Variance.

The above list is not a complete list. The list was gathered using the Short Term Occupancy List on the County of Maui website.  However, only those complexes with searches available in the Maui MLS are listed.  Maui County has strict rules about vacation rental condominiums and short-term rentals.  Condominiums built in the Hotel Zone can be rented, however, there are different rules for those built in the Apartment Zone and those in Residential Zones.

Per the current county code (County Code Chapter 19.12.20 section G), TVRs of condominiums are permitted in apartment zoning if they meet the following criteria:

1. The building or structure received a building permit, special management area use permit, or planned development approval that was lawfully issued by and was valid, or is otherwise confirmed to have been lawfully existing, on April 20, 1989.
2. Transient vacation rental use was conducted in any lawfully existing dwelling unit within the building or structure prior to September 24, 2020 as determined by real property tax class or payment of general excise tax and transient accommodations tax.
3. The property owner or operator holds general excise tax and transient accommodations tax licenses and is current in payment of State and County taxes, fines, or penalties assessed in relation to the transient vacation rental.
4. If a building or structure is reconstructed, renovated, or expanded, transient vacation rental use is limited to the building envelope and number of bedrooms that can be confirmed as approved or lawfully existing on April 20, 1989.
5. Advertisements for transient vacation rental use must include the subject property's registration number, which is the subject property's tax map key number, without punctuation marks.

Other condominiums can be rented because of zoning ordinances (Alaeloa is an example) or the location (such as those that fall within the Napili Bay Civic Improvement District).  Others may technically allow it per the list, but the CC&Rs have restrictions that may make vacation rentals that further restrict rentals (Wailea Point is an example).

*The Short Term Occupancy List published by the county notes: "This list does not grant any entitlement that is not allowed by zoning or other provisions of the Maui County Code.  This list is subject to error; to determine if short-term if short term occupancy is allowed on any property, confirmation should be obtained from the Planning Department."  The list is subject to change.  Click here to view a list of Condominiums that fall under the Short Term Rental Condominiums as of 3.20.2024

If the Mayor's proposal goes through this section of the county code would change.

REQUEST INFORMATION ON VACATION RENTABLE CONDO LISTINGS

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Courtney M. Brown, R(S) & Team
Vice President
Island Sotheby's International Realty

 

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