As of May 2, 2024, the Mayor of Maui County has announced that he will be proposing a bill to the Maui County Council the phase out all short-term rentals in the apartment district. It is not clear how this would affect mixed use zoning (some properties have Hotel and Apartment zoning).
Properties can rent short term if they are hotel zoned. Per the current county code (County Code Chapter 19.12.20 section G), TVRs of condominiums are permitted in apartment zoning if they meet certain criteria (see below). This non-conforming use of Apartment zoned condos as short term rentals is subject to change.
Below is a summary of Maui condominiums where vacation rentals are allowed by virtue of Zoning or County approved use.* The zoning is noted after the condo name.
Click below to see all listings in your area of interest or view the list below sorted by district (West Maui, South Maui) and resort/community area:
A is Apartment Zoned B is Business Zoned H is Hotel Zoned, and include H-1, H-2, H-M NBCID is the Napili Bay Civic Improvement District Residential Zonings include Residential, R-1, R-2, R3
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 4.27.22
Sellers and Buyers considering the sale and/or purchase of a home should retain their own attorney, land use professional, financial advisor, tax consultant, or any other qualified professional to advise them on the potential impacts of any STR laws, rules, regulations, or any proposed STR legislation on properties under consideration for sale or purchase. Such potential impacts may include the legal status of any property operated as or intended to be operated as a transient vacation rental, valuation effects and investment potential of properties with or without STR restrictions, financing and tax compliance, or contractual compliance within a private regulatory environment of a homeowner association or other similar private governing entity.
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This information is believed to be accurate. It has been provided by sources other than the Realtors Assoc. of Maui and should not be relied upon without independent verification.
You should conduct your own investigation and consult with appropriate professionals to determine the accuracy of the information provided and to answer any questions concerning the property and structures located thereon.
Featured properties may or may not be listed by the office/agent presenting this brochure. Copyright, 1995-2015, REALTORS® Association of Maui, Inc. All Rights Reserved.
