Maui Bill 9, Bill 88 & Short-Term Rental Zoning: What Condo Owners and Buyers Need to Know

The Kapalua Bay Villas are an apartment-zoned condominium located in the Kapalua Resort

This post was originally posted on July 2, 2026, and updated August 15, 2026.

Editor’s Note: Maui’s short-term rental zoning landscape continues to evolve. This article reflects the legislation and proposals under consideration as of its original publication date. Subsequent County Council, Planning Commission and court actions may affect the information discussed below. Please see “Maui Short-Term Rentals: County Council and Zoning Updates” for the most recent developments.  It should be noted that Short Term Rentals (STR), Transient Vacation Rentals (TVR) and Vacation Rentals are used interchangeably in this post. Maui County Zoning currently defines a Transient Vacation Rental as any rental from 1-180 days.  

Maui's Short-Term Rentals & Zoning

The conversation surrounding Maui’s short-term rentals has evolved significantly over the past two years. What began as a proposal to phase out transient vacation rental use in certain apartment-zoned properties has become one of the most important zoning and land-use issues affecting Maui condominium buyers, sellers, and property owners.

In response to Maui’s housing shortage, Mayor Richard Bissen introduced Bill 9 in 2024 with the stated goal of transitioning certain apartment-zoned transient vacation rentals back to residential use. After extensive community input, public testimony, debate, and revisions, Bill 9 became Ordinance 5909 on December 15, 2025.

The legislation has also been closely watched and contested. Property owners, buyers, visitor-industry businesses, and community members have raised questions regarding property rights, housing affordability, economic impacts, association expenses, insurance costs, tax revenue, and whether many affected properties are realistically suited to long-term residential use.

Following Bill 9, Maui County approved Bill 88, CD1, FD1 (2026), which became Ordinance 6008 effective June 22, 2026. Ordinance 6008 created the H-3 and H-4 Hotel District classifications and a potential rezoning pathway for certain affected properties.

Understandably, buyers, sellers, and condominium owners have questions.

•    Has Maui banned vacation rentals?
•    Why was Bill 9 passed?
•    What is Bill 88?
•    How will I know whether a condominium can continue to be legally rented short-term?
•    How important is zoning when purchasing a Maui condominium?

The short answer is this: zoning has never been more important when purchasing or owning a Maui condominium.

Bill 9 Does Not Ban Vacation Rentals on Maui

One of the biggest misconceptions surrounding Bill 9 is that Maui County eliminated short-term rentals.  It has not.

Bill 9 strictly addresses transient vacation rental use in Apartment Districts. It does not eliminate legally permitted transient vacation rentals throughout Maui County, including qualifying uses within Hotel Districts.  View Maui's Hotel Zoned Condominium Properties

For historical context, transient vacation rentals were a permitted use in Maui’s Apartment Districts before April 20, 1989. Ordinance 1797 (1989) then amended the zoning code to require buildings and structures in those districts to be occupied “on a long-term residential basis, or for a continuous period of six months or more per year,” while preserving exceptions for structures that had received specified County approvals by April 20, 1989.

Those exceptions allowed some multi-unit buildings in the Apartment Districts to continue transient vacation rental use as lawful nonconforming uses. A 2001 legal opinion by Maui County Corporation Counsel Richard T. Minatoya later became closely associated with these properties, giving rise to the commonly used term “Minatoya List.” The nickname is familiar, but the legal history extends beyond the opinion itself.

In 2014, Ordinance 4167 codified the 1989 exceptions in Maui County Code Section 19.12.020. That provision was later amended several times to refine the criteria. Ordinance 5909 describes this progression and then removes the Apartment District transient-vacation-rental exception as part of the phase-out.

The State-law backdrop also changed. Ordinance 5909 cites Act 17, Session Laws of Hawaiʻi 2024, which amended Hawaiʻi Revised Statutes Section 46-4(a) to expressly authorize counties to amortize or phase out transient accommodations through zoning regulations and to clarify that transient accommodations are not a residential or agricultural use under that statute.

Ordinance 5909 created Maui County Code Section 19.12.070 and established the amortization periods the Council found reasonable. Covered transient vacation rental uses may continue through December 31, 2028 in the West Maui Community Plan area and through December 31, 2030 in all remaining areas of Maui County. They must cease on January 1, 2029 and January 1, 2031, respectively.

The ordinance does not treat every visitor accommodation alike. It expressly exempts validly existing time-share units, uses permitted and operating within the terms of a variance, and uses otherwise permitted by law. Hotel-zoned accommodations and other visitor uses that remain independently permitted are therefore outside this Apartment District phase-out.

If you are trying to determine whether a particular condominium is already hotel-zoned, I have also compiled a Guide to Maui’s Hotel-Zoned Condominium Properties.

The distinction is important because two neighboring oceanfront condominium properties may have very different long-term rental outlooks based on their zoning and legal use.

Why Was Bill 9 Passed?

Maui County has stated that Bill 9 is intended to increase long-term housing availability by transitioning apartment-zoned transient vacation rental units to residential use. 

Supporters contend that doing so could increase Maui’s long-term housing inventory in the midst of an affordable housing crisis.

Opponents have argued that many affected properties were developed, marketed and historically operated as visitor accommodations and may not readily translate into attainable long-term housing. Some affected properties are oceanfront or resort-oriented condominiums with substantial maintenance fees, insurance expenses and other ownership costs that may present challenges for long-term residential use.

It is also important to recognize the changing condominium insurance environment. Insurance costs have soared, as both rates and building replacement costs increased.  Insurance Master-policy premiums are paid through AOAO dues and have contributed to substantial increases in association expenses at many Maui condominium properties, adding another consideration to the housing-affordability discussion.

Other concerns raised during the debate include potential effects on tourism, local businesses, employment and County and State tax revenues, with the transition of the 7000 plus affected properties, meaning less money flowing into the county budget with the loss of, property tax, general excise tax and transient accommodations tax revenues.

These differing viewpoints continue to shape the public discussion, and the full effects of Bill 9 will likely take years to evaluate.

Bill 88 Creates a New Re-Zoning Pathway 

Following the adoption of Bill 9, Maui County approved Bill 88 was passed and became Ordinance 6008 effective June 22, 2026.

Rather than repealing or reversing Ordinance 5909, Ordinance 6008 established two new Hotel District classifications: H-3 and H-4. The districts are reserved for properties formerly in the A-1 and A-2 Apartment Districts, respectively, with buildings or structures where transient vacation rentals had been permitted uses. The ordinance specifies that H-3 and H-4 do not apply on Molokaʻi.

Ordinance 6008 does not automatically convert any affected apartment-zoned property to hotel zoning, approve any particular condominium for transient vacation rental use or erase Ordinance 5909’s phase-out. It creates the H-3 and H-4 classifications so that separate zoning legislation or applications may place eligible properties into those districts through Maui County’s land-use process.

Within an H-3 or H-4 district, Ordinance 6008 allows transient vacation rental use only when the building, structure and operation satisfy specified requirements, including:

• A building permit, special management area use permit or planned-development approval was lawfully issued and valid—or the building or structure was otherwise confirmed lawful—on April 20, 1989.
• Transient vacation rental use was legally conducted in a lawful dwelling unit before September 24, 2020, as determined through real property tax classification or payment of general excise and transient accommodations taxes.
• The number of transient vacation rental rooms or units does not exceed the number allowed as of January 7, 2022. Existing rooms or units may be reconstructed or renovated without adding rooms or units, but expansion of the existing total floor area is prohibited.
• The owner or operator holds current general excise tax and transient accommodations tax licenses and is current on applicable State and County taxes, fines and penalties related to the transient vacation rental use.

The Planning Department must maintain a publicly available list of properties that may meet the ordinance’s criteria. The ordinance expressly states that inclusion on the list is not confirmation of a zoning determination and grants no entitlement. Property-specific confirmation should be obtained from the Planning Department.

Exhibit 1 to Ordinance 6008 identifies 104 apartment-district projects comprising 7,167 vacation-rental units, based on a list dated June 27, 2024. Those totals provide context only; the ordinance’s disclaimer and the separate rezoning process remain controlling.

Whether a particular property is ultimately rezoned will depend on the applicable County review process, including Planning Commission review and recommendation, public testimony, applicable zoning and land-use criteria, and subsequent County Council action.

For owners of apartment-zoned transient vacation rental properties affected by Ordinance 5909, Bill 88/Ordinance 6008 therefore represents a potential pathway — not a guarantee of rezoning or continued transient vacation rental use.  It is unknown how costly the rezoning process would be, or how long it would take, as each parcel is considered on its own merits and must go through the process.

Maui’s short-term rental discussion has consequently moved beyond a single phase-out law and into a more complex property-by-property zoning process.

Maui County Council Considers Potential Rezoning

As part of the ongoing process, the Maui County Council Housing and Land Use Committee, chaired by Councilmember Nohelani Uʻu-Hodgins, considered Resolution 26-110 and Resolution 26-111. Both resolutions related to the referral of proposed zoning changes to the Maui Planning Commission.

During the discussion, Uʻu-Hodgins explained that the Housing and Land Use Committee’s Temporary Investigative Group evaluated six primary factors when considering properties for potential zoning changes:

•    Timeshare properties
•    Leasehold properties
•    Properties that “act like a hotel”
•    Affordability
•    Sea Level Rise Exposure Area (SLR-XA)
•    Smaller complexes with fewer than five units, referred to during the discussion as the “onesie twosies”

Resolution 26-110

As proposed at the time of this article’s original publication, Resolution 26-110 contemplated transitioning specified A-1 properties to H-3 and A-2 properties to H-4, including properties in Māʻalaea, Kīhei, Honokōwai/Māhinahina/Kahana and Kāʻanapali.

The properties under discussion included Hono Kai, Lauloa Māʻalaea, Māʻalaea Kai, Milowai-Māʻalaea, Maui Hill, Maui Sunset, My Waii Beach Cottage, Indo Lotus Beach House, Villa Moana, Kapu Townhouse, Waiohuli Beach Duplex, Hale Mahina Beach Resort, Hale Ono Loa, Kahana Outrigger, Kahana Village, Kuleana, Paki Maui, Maui Sands and Kāʻanapali Royal, along with several specified parcels.

Resolution 26-111

As proposed at that stage of the process, Resolution 26-111 contemplated zoning changes affecting Wailea Ekahi, Wailea Ekolu, The Palms at Wailea I, Kamaole Sands, Luana Kai, Mahina Surf, Papakea and Maui Eldorado.

It also contemplated Resort/Hotel zoning for certain residentially zoned portions of Papakea and Mahina Surf.

Importantly, these proposals represented an early step in a Council-initiated rezoning process.

A property’s inclusion in a resolution or rezoning discussion did not mean hotel zoning had been approved. Rather, inclusion could begin a public review process involving the Maui Planning Commission, public testimony, recommendations, and additional County Council action.

Update Following Original Publication

The properties and proposed classifications discussed during this process have evolved since this article was first published. Readers should refer to “Maui Short-Term Rentals: County Council and Zoning Updates” for the latest property lists, amendments, hearing information and County actions.

How Will I Know If a Property Will Still Be Legal to Rent Short Term?

Every condominium property has its own history, approvals, zoning, governing documents and rental rules. Buyers should therefore avoid assuming that every apartment-zoned condominium will be treated the same way.

The key is to evaluate each property individually.

Important questions include:

•    What is the property’s current zoning?
•    Is transient vacation rental use presently permitted?
•    Does Bill 9 apply?
•    Is the property being considered for H-3 or H-4 zoning?
•    Is any County Council or Planning Commission action pending?
•    What restrictions are contained in the AOAO or HOA governing documents and house rules?
•    Are there financing or pending litigation considerations?
•    What are the current insurance costs and association dues?
•    How does the property’s legal use align with the buyer’s intended use and long-term ownership goals?

These questions are increasingly important in Maui condominium transactions involving transient vacation rental use.

Zoning Has Become One of the Most Important Factors in Maui Real Estate

For many years, condominium buyers primarily focused on location, view, amenities, rental history, monthly association fees, and property condition.

Those factors still matter. But zoning, legal use and the buyer’s intended use are now significant considerations when evaluating Maui condominium properties.

Now condominium communities may have very different long-term outlooks depending upon their current zoning, existing legal use, Bill 9 applicability and the outcome of potential rezoning proceedings.

This is particularly important in resort areas such as Kapalua and Kāʻanapali in West Maui and Wailea and Mākena in South Maui, where condominium properties that have historically accommodated visitors do not necessarily share the same zoning designation.

What Does This Mean for Buyers?

The right Maui condominium depends on your goals, time horizon, and intended use of the property.

Due diligence should include careful consideration of zoning, legal use, AOAO rules, rental restrictions, insurance costs, financing and pending County actions that could affect the property.

Understanding those distinctions before purchasing can help buyers identify properties that better align with their intended use.

What Does This Mean for Sellers?

If you are considering selling a Maui condominium that currently allows transient vacation rentals — or has historically operated as one — buyers are likely to have questions.

They may want to understand the property’s zoning, legal rental status, association rules, rental history, insurance expenses and whether the property is affected by Bill 9, Bill 88 or pending County action.

Having accurate information available can help buyers evaluate the property and can reduce confusion or delays during a transaction.

As the regulatory environment evolves, transparency and education remain important for buyers and sellers.

The Legal Landscape Is Still Evolving

Although Bill 9 has been adopted, implementation is not necessarily the final chapter. Legal challenges remain pending, and court decisions could influence how portions of the law are interpreted or applied.

At the same time, Bill 88 has created a new zoning framework that may shape future discussions as condominium associations and property owners evaluate H-3 and H-4 zoning.

The consideration of Resolutions 26-110 and 26-111 further demonstrates that this remains an active process.

Anyone considering buying or selling a Maui property where transient vacation rental use is important should recognize that the regulatory environment continues to evolve and should verify the current status of the individual property.

My Perspective

I have been helping clients buy and sell Maui real estate since 1997, through changing markets, new regulations, evolving lending environments, and economic cycles.

The current zoning discussion adds another layer of due diligence to Maui condominium ownership. The most useful approach is to understand not only how a property has historically been used, but also its zoning, current legal status, and any pending County action that may affect future use.

Maui’s real estate market will continue to evolve alongside these regulatory changes.

If you are considering buying or selling a Maui condominium and would like to understand how Bill 9, Bill 88, zoning or pending County action may affect a particular property, I would be happy to discuss your goals and help you evaluate the available information.

Primary Legal Sources and Related Resources

•    Maui County Ordinance 5909 — Bill 9, CD1, FD1 (2025): Transient Vacation Rentals in Apartment Districts
•    Maui County Ordinance 6008 — Bill 88, CD1, FD1 (2026): H-3 and H-4 Hotel Districts
•    Maui Short-Term Rentals: County Council and Zoning Updates
•    Maui Short-Term Rentals: A List of Maui’s Hotel-Zoned Properties
•    Maui Short-Term Rentals: How to Tell if It’s a Legal Rental
•    Maui Short-Term Rentals FAQ

Related Resources

Bill 9 (Ordinance 5909)
Bill 88 (Ordinance 6008)

Maui Short Term Rentals: County Council and Zoning Updates

Maui Short-Term Rentals: A List of Maui’s Hotel-Zoned Properties

Maui Short-Term Rentals: How to tell if it's a Legal Rental

Maui Short Term Rentals FAQ

This article was originally published July 2, 2026 and updated August 15, 2026.  It reflects information available at that time, together with clearly identified subsequent updates. It is intended for informational purposes only and should not be considered legal advice. Because legislation, court decisions, County policies and zoning interpretations continue to evolve, buyers and property owners should independently verify current information with the Planning Department and consult qualified legal counsel regarding how these laws may apply to a specific property