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West Maui Rental Rules & Regulation

Maui Bill 9 and West Maui Condo Rental Rules

Understand the West Maui phaseout timeline, the limits of Minatoya List status, the difference between apartment and hotel zoning, and the documents that should be verified before buying or selling a condo.

Building-specific guidance from a Hawaii-licensed real estate brokerage. General information only, not legal advice.

Updated from Maui County Ordinance 5909 and current county zoning materials.
Reviewed by Barry Ware, Principal Broker. Legal and regulatory sources last reviewed: July 26, 2026.

Check current status: county ordinances, zoning actions and court decisions may change.

View official sources

What Did Maui Bill 9 Change?

Bill 9 became Maui County Ordinance 5909 on December 15, 2025. It phases out certain transient vacation rental uses operating in apartment districts after an amortization period.

For affected properties in the West Maui Community Plan area, those uses may continue through December 31, 2028, and must cease beginning January 1, 2029, unless another lawful basis applies.

Bill 9 does not prohibit every short-term rental in Maui County. Hotel-zoned properties, qualifying permitted uses, valid timeshare uses and other property categories must be evaluated under their own legal and zoning framework.

Bill 9 applies to property categories, not marketing labels. Whether a specific condo is affected requires review of county zoning, unit-specific records, applicable approvals and current AOAO documents.

This page provides general real estate and market information from a Hawaii-licensed real estate brokerage. It is not legal, tax, zoning, planning, lending or insurance advice. Laws, government interpretations, zoning actions and AOAO documents may change. Buyers, sellers and owners should verify material facts with Maui County and qualified legal, tax, planning, lending and insurance professionals.

Bill 9 Status as of July 2026

Status labels below summarize enacted law and county district categories. They do not mean this site continuously monitors new developments between editorial reviews.

  • ENACTED

    Bill 9 Is Now Law

    Bill 9 was enacted as Ordinance 5909 and took effect December 15, 2025.

    Source date:
    2025-12-15
    Last site review:
    July 26, 2026
  • DEADLINE ESTABLISHED

    West Maui Phaseout Deadline

    Affected transient vacation rental uses in West Maui apartment districts may continue through December 31, 2028. The affected use must cease January 1, 2029.

    Source date:
    2025-12-15
    Last site review:
    July 26, 2026
  • DISTRICTS ESTABLISHED

    H-3 and H-4 Districts Created

    Maui County established H-3 and H-4 Hotel District categories in June 2026. This did not automatically rezone each potentially eligible property.

    Source date:
    2026-06-22
    Last site review:
    July 26, 2026
  • VERIFY EACH PROPERTY

    Property Status Still Requires Verification

    A building or unit should not be described as unaffected, exempt or rezoned without reviewing current county records and property-specific documentation.

    Source date:
    2025-12-15
    Last site review:
    July 26, 2026

Maui Bill 9 Timeline

Distinguish dates a law passed, when a district category was established, when an individual property was rezoned (property-specific—never assumed from this timeline), and when an affected use must cease.

  1. April 20, 1989

    Ordinance 1797

    Changed transient vacation rental treatment in apartment districts while allowing certain preexisting properties to continue under specified exceptions (historical context for later apartment-district TVR rules).

    Kind: historical · Ordinance 5909 (Bill 9) (opens in a new tab)

  2. 2014

    Ordinance 4167

    Codified criteria related to qualifying apartment-district transient vacation rentals (historical context for the former exception framework).

    Kind: historical · Ordinance 5909 (Bill 9) (opens in a new tab)

  3. May 2024

    Bill 9 introduced

    The Bill 9 proposal was introduced for county consideration.

    Kind: proposal · Maui County Bill 9 announcement / background (opens in a new tab)

  4. December 15, 2025

    Bill 9 enacted as Ordinance 5909

    Bill 9 was approved and took effect as Ordinance 5909, establishing amortization periods and cease dates for specified apartment-district transient vacation rental uses.

    Kind: enactment · Ordinance 5909 (Bill 9) (opens in a new tab)

  5. June 22, 2026

    H-3 and H-4 Hotel District categories established

    Maui County established H-3 and H-4 Hotel District categories through separate legislation. Creating the categories did not automatically rezone each potentially eligible property.

    Kind: district category · H-3 and H-4 Hotel District ordinance (opens in a new tab)

  6. December 31, 2028

    West Maui amortization period ends

    For affected transient vacation rental uses in the West Maui Community Plan area, the amortization period ends December 31, 2028.

    Kind: amortization end · Ordinance 5909 (Bill 9) (opens in a new tab)

  7. January 1, 2029

    West Maui cease date

    Affected uses in the West Maui Community Plan area must cease January 1, 2029, unless another lawful basis applies.

    Kind: cease date · Ordinance 5909 (Bill 9) (opens in a new tab)

  8. December 31, 2030

    Remaining Maui County amortization period ends

    For affected uses in remaining Maui County areas, the amortization period ends December 31, 2030.

    Kind: amortization end · Ordinance 5909 (Bill 9) (opens in a new tab)

  9. January 1, 2031

    Remaining Maui County cease date

    Affected uses in remaining Maui County areas must cease January 1, 2031, unless another lawful basis applies.

    Kind: cease date · Ordinance 5909 (Bill 9) (opens in a new tab)

March 2026 reporting deadlines appear in Ordinance 5909. This timeline does not assert that notices or affected-property reporting were completed unless confirmed in current official materials.

Does Bill 9 Affect a Specific West Maui Condo?

A building name or past rental history is not enough to answer this question. Work through the property-specific records in order. This framework identifies questions; it is not a legal determination.

  1. Step 1

    What is the current county zoning?

    Possible display values for research notes: hotel district, apartment district, planned development, other classification, or not yet verified. Confirm with current county maps and records—not MLS remarks.

  2. Step 2

    Is the property located within the West Maui Community Plan area?

    Community plan location helps determine which Ordinance 5909 phaseout timeline may apply (West Maui vs remaining Maui County areas).

  3. Step 3

    What legal basis supports transient use?

    Possible records may include applicable hotel zoning, a conditional permit, a variance, planned-development authorization, timeshare status, another applicable approval, or no confirmed basis yet. Do not assume every listed basis applies to condos generally.

  4. Step 4

    Was the property relying on the former apartment-district exception?

    Prior operation or list inclusion alone is not enough to establish current or future eligibility. Review whether the former exception framework was the claimed basis and what Ordinance 5909 changed.

  5. Step 5

    Has a property-specific H-3 or H-4 zoning change been approved?

    The existence of H-3 and H-4 zoning categories does not prove that a particular parcel has been rezoned. Review the current zoning map, enacted property-specific legislation and county records.

  6. Step 6

    What do the AOAO documents allow?

    Review the declaration, bylaws, house rules, minimum-stay provisions, rental caps, registration requirements, management requirements, and any pending votes or amendments.

Cautious result language

  • Current records indicate additional verification is required
  • Existing hotel zoning appears documented; AOAO review remains necessary
  • Potential Bill 9 exposure identified
  • Property-specific county confirmation recommended
  • H-3/H-4 zoning change not confirmed
  • Consult qualified legal or planning professionals

Do not treat any outcome on this page as “legally approved,” “guaranteed legal,” “exempt forever,” or “safe from Bill 9.”

How Different Condo Categories May Be Treated

Bill 9 should not be applied to every West Maui condominium in the same way. The first task is identifying the property’s verified zoning and legal basis for rental use.

Swipe horizontally to compare all columns →

General framework comparing condo categories under Bill 9 — not a property-specific zoning determination
Property categoryGeneral Bill 9 relationshipWhat still requires verificationBuyer concernOwner concern
Existing hotel-zoned propertyBill 9’s apartment-district phaseout is not the primary framework, but hotel zoning still requires parcel and unit confirmation.Parcel zoning, unit status, AOAO rules, required registrations and lawful operation.Whether documents support the intended use and carrying costs still work.Accurate marketing without unsupported “exempt” claims.
Apartment-zoned property previously operating as a TVRMay be subject to Ordinance 5909’s phaseout timeline for the applicable community plan area.Current zoning, affected-property status, exemptions, other approvals and AOAO rules.Income assumptions that depend on continued short-stay use after the cease date.Disclosure, timeline and pricing against verified alternatives.
Property with an approved H-3 or H-4 zoning changeMust be evaluated under the approved property-specific zoning action—not category creation alone.Final enacted zoning, effective date, conditions, parcel coverage and AOAO rules.Confirming the ordinance actually covers the parcel and unit.Documenting the final action before making marketing claims.
Property only identified as a possible H-3 or H-4 candidateCandidate or recommendation status is not final zoning.Whether a property-specific change in zoning was actually approved and became effective.Avoiding underwriting based on draft maps or public discussion.Not marketing “rezoned” status prematurely.
Validly existing timeshare, variance or otherwise permitted useOrdinance 5909 identifies limited categories outside the general phaseout rule.The exact legal documentation and whether the use remains within its authorized terms.Confirming the authorization still applies to the unit being purchased.Keeping authorizations and disclosures organized for buyers.
Long-term residential or owner-occupied condoShort-term rental phaseout may not control the intended use, but zoning and AOAO rules still matter.Permitted occupancy, lease minimums, AOAO rules and applicable tax treatment.Fit for personal use or long-term rental without assuming nightly income.Clear positioning to the right buyer pool.

This table is a general framework. It is not a property-specific zoning determination.

What Did the Minatoya List Actually Mean?

The term “Minatoya List” is commonly used to describe Maui apartment-district properties that were associated with an earlier exception allowing certain transient vacation rental activity.

However, the county code expressly described the public list as informational only. Inclusion did not confirm zoning, establish an allowable use or create a legal right to operate a transient vacation rental.

Ordinance 5909 removed the general apartment-district TVR exception and established phaseout dates for affected uses.

Do not rely on

  • A building appearing on an old list
  • Past rental activity
  • An active rental-management account
  • An MLS statement
  • A property-tax classification
  • A seller’s verbal representation
  • A neighbor operating a vacation rental
  • A building historically described as “grandfathered”

Request instead

  • Current county zoning
  • Tax map key and parcel records
  • Unit-specific documentation
  • Permits, variances or approvals relied upon
  • Any property-specific zoning ordinance
  • Current AOAO governing documents
  • Written seller disclosures
  • Qualified legal or planning guidance where appropriate

What Do the New H-3 and H-4 Hotel Districts Mean?

Maui County established H-3 and H-4 Hotel District categories in June 2026 as potential zoning pathways for qualifying properties.

Creating the zoning categories did not automatically change the zoning of every apartment-district condominium. A property should be described as H-3 or H-4 only after a property-specific zoning action has been approved and verified in current county records.

  • District Category Created

    The county code now contains H-3 and H-4 zoning categories.

  • Candidate or Recommended Property

    A property may have been identified for consideration, but recommendation is not final zoning.

  • Property-Specific Zoning Approved

    Only use this status when the final ordinance, parcel coverage and effective zoning can be documented.

Do not market a property as “rezoned,” “Bill 9 exempt” or “approved for continued short-term rental use” based only on a recommendation, map draft, public discussion or inclusion in a candidate list.

County Permission Does Not Override AOAO Restrictions

County and Government Records May Address

  • Zoning
  • Permitted land use
  • Conditional permits
  • Variances
  • Registration requirements
  • Applicable phaseout dates
  • Property-specific zoning changes

AOAO Documents May Address

  • Whether rentals are allowed
  • Minimum rental periods
  • Registration procedures
  • Guest rules
  • Management requirements
  • Rental caps
  • Fines
  • Owner-use restrictions
  • Future amendments

A property may have a county zoning basis that allows transient use while the association imposes stricter rental rules. Buyers must review both layers. Conversely, AOAO rules cannot independently create a county land-use right that does not otherwise exist.

Buying a West Maui Condo After Bill 9

  1. Buyer step 1

    Identify the Intended Use

    Clarify whether the property must support full-time residence, part-time personal use, long-term rental, short-term rental, or mixed personal and rental use.

  2. Buyer step 2

    Verify Zoning Before Relying on Revenue

    Do not underwrite rental income until current zoning and property-specific status are documented.

  3. Buyer step 3

    Review the AOAO Documents

    Do not rely only on the listing description or the seller’s current rental operation.

  4. Buyer step 4

    Ask the Lender to Review the Specific Project

    Financing may depend on project characteristics, insurance, rental concentration and lender requirements.

  5. Buyer step 5

    Model a Conservative Alternative

    Determine whether the purchase still works if rental income is lower than expected, rental use changes, AOAO fees rise, insurance costs increase, or a special assessment occurs.

  6. Buyer step 6

    Include Appropriate Contract Review

    Coordinate with the buyer’s real estate, legal, tax, lending and insurance professionals.

What West Maui Condo Owners and Sellers Should Do

  1. Owner step 1

    Assemble the Supporting Records

    Gather county zoning records; permits, variances or approvals; tax map key; AOAO governing documents; rental-registration records; rental-management agreements; tax-license records where relevant; notices from Maui County; and property-specific zoning actions.

  2. Owner step 2

    Avoid Unsupported Marketing Claims

    Do not describe a unit as grandfathered, Bill 9 exempt, guaranteed vacation rentable, H-3 or H-4 approved, or legally rentable forever unless supporting property-specific records have been reviewed.

  3. Owner step 3

    Understand the Buyer’s Concerns

    Buyers may discount a property when rental posture, zoning or documentation is unclear.

  4. Owner step 4

    Prepare a Clear Disclosure Package

    Organize what is known, what is documented and what still requires third-party confirmation.

  5. Owner step 5

    Price for the Verified Use

    Pricing should reflect the property’s documented use and current buyer alternatives—not only historical rental income.

The review is intended to identify available documentation and transaction questions. It is not a legal opinion.

West Maui Buildings Commonly Researched for Rental Use

These communities are frequently compared by buyers researching rental posture. Inclusion here does not mean that a building or every unit is hotel-zoned, unaffected by Bill 9 or legally eligible for short-term rental use.

  • Honua Kai condominium in Kaanapali

    Honua Kai

    Kaanapali

    Current zoning status
    Guide data: H-M
    Zoning verification
    partial
    Bill 9 exposure
    Property-specific review required
    H-3 / H-4
    H-3/H-4 status not verified
    AOAO rental posture
    Review current AOAO rules
    Guide facts last verified
    2026-07-05
    Official source for legal status
    Current status not confirmed — contact Maui County for current records
  • Kaanapali Shores condominium in Kaanapali

    Kaanapali Shores

    Kaanapali

    Current zoning status
    Guide data: A-2 / H-2
    Zoning verification
    partial
    Bill 9 exposure
    Property-specific review required
    H-3 / H-4
    H-3/H-4 status not verified
    AOAO rental posture
    Review current AOAO rules
    Guide facts last verified
    2026-07-05
    Official source for legal status
    Current status not confirmed — contact Maui County for current records
  • Lahaina Shores condominium in Lahaina

    Lahaina Shores

    Lahaina

    Current zoning status
    Guide data: H2/HD1/NHLD
    Zoning verification
    partial
    Bill 9 exposure
    Property-specific review required
    H-3 / H-4
    H-3/H-4 status not verified
    AOAO rental posture
    Review current AOAO rules
    Guide facts last verified
    2026-07-05
    Official source for legal status
    Current status not confirmed — contact Maui County for current records
  • Napili Point condominium in Napili

    Napili Point

    Napili

    Current zoning status
    Guide data: NBCID
    Zoning verification
    partial
    Bill 9 exposure
    Bill 9 exposure not determined
    H-3 / H-4
    H-3/H-4 status not verified
    AOAO rental posture
    Review current AOAO rules
    Guide facts last verified
    2026-07-05
    Official source for legal status
    Current status not confirmed — contact Maui County for current records
  • Kahana Villa condominium in Kahana

    Kahana Villa

    Kahana

    Current zoning status
    Guide data: HM
    Zoning verification
    partial
    Bill 9 exposure
    Property-specific review required
    H-3 / H-4
    H-3/H-4 status not verified
    AOAO rental posture
    Review current AOAO rules
    Guide facts last verified
    2026-07-05
    Official source for legal status
    Current status not confirmed — contact Maui County for current records
  • Aina Nalu condominium in Lahaina

    Aina Nalu

    Lahaina

    Current zoning status
    Guide data: H-1/NHLD
    Zoning verification
    partial
    Bill 9 exposure
    Bill 9 exposure not determined
    H-3 / H-4
    H-3/H-4 status not verified
    AOAO rental posture
    Review current AOAO rules
    Guide facts last verified
    2026-07-05
    Official source for legal status
    Current status not confirmed — contact Maui County for current records

Explore West Maui Condos by Intended Use

  • Hotel-Zoned and Resort-Oriented Condos

    Explore properties commonly researched for personal use and potential transient-rental flexibility. Verify every unit individually.

    Browse Resort Condo Listings
  • Residential and Long-Term Rental Condos

    Explore West Maui condos that may fit owner-occupants, second-home buyers or long-term rental strategies.

    Browse Residential Condos
  • Not Sure Which Category Fits?

    Tell us how you intend to use the property and which buildings interest you.

    Discuss Your Condo Search

West Maui Condo Rental Verification Checklist

County and Property Records

  • Current county zoning
  • Tax map key
  • Community plan area
  • Permits
  • Variances
  • Conditional approvals
  • Property-specific zoning ordinance
  • H-3/H-4 approval if claimed
  • Government notices
  • Registration records where applicable

AOAO Records

  • Declaration
  • Bylaws
  • House rules
  • Rental amendments
  • Minimum stays
  • Rental caps
  • Registration rules
  • Management requirements
  • Recent board and owner meeting minutes
  • Pending votes

Transaction Records

  • Seller disclosure
  • Rental history
  • Management agreement
  • Tax registrations
  • Insurance information
  • Lender project review
  • Written representations supporting intended use

Continue Your Research

  • West Maui Condo Rental Rules

    Review the broader interaction among county zoning, Bill 9, AOAO restrictions and unit-level due diligence.

    Read the Rental Rules Guide
  • Hotel-Zoned West Maui Condos

    Compare resort-oriented condo communities, active listings and building-level ownership considerations.

    Compare Hotel-Zoned Condos
  • How to Underwrite a Hotel-Zoned Condo

    Stress-test nightly rates, occupancy, management expenses, insurance, AOAO fees and vacancy.

    Read the Underwriting Guide
  • West Maui Condo Investment Analyzer

    Model carrying costs and conservative rental scenarios before relying on projected income.

    Open the Analyzer
  • West Maui Condo Guide

    Research individual buildings by location, amenities, rental posture and ownership considerations.

    Compare Buildings

Official Bill 9 and Maui County Sources

Because rental rules and zoning actions can change, buyers and owners should review the current official records rather than relying only on summaries.

Frequently Asked Questions About Maui Bill 9

What is Maui Bill 9?
Bill 9 became Ordinance 5909 in December 2025. It phases out specified transient vacation rental uses operating in apartment districts after an amortization period. The effect on a particular condo depends on its location, verified zoning, legal basis for rental use and any applicable exemptions or subsequent zoning actions.
When is the Bill 9 deadline for West Maui?
For affected transient vacation rental uses in the West Maui Community Plan area, the amortization period ends December 31, 2028. Those affected uses must cease January 1, 2029, unless another lawful basis applies.
Does Bill 9 ban every Maui vacation rental?
No. Bill 9 addresses specified transient vacation rental uses in apartment districts. Hotel-zoned properties, permitted uses, timeshares and other categories must be evaluated under their applicable zoning and authorization.
What was the Minatoya List?
The term refers to a public list associated with properties operating under an earlier apartment-district exception. The county code described the list as informational only. Inclusion did not confirm zoning, establish an allowable use or create a legal right to operate a transient vacation rental.
Does appearing on the Minatoya List protect a condo after 2028?
List inclusion alone does not establish a continuing legal right. Buyers and owners should review the property’s current zoning, any applicable approvals, subsequent zoning actions and official county records.
Are hotel-zoned condos affected by Bill 9?
Bill 9’s phaseout specifically concerns transient vacation rental uses in apartment districts. Existing hotel-zoned property is evaluated under a different zoning framework, but the individual unit, AOAO rules and any required operating records still need to be verified.
What are the H-3 and H-4 Hotel Districts?
Maui County established H-3 and H-4 Hotel District categories in 2026. Creation of the categories did not automatically rezone every potentially eligible condominium. Property-specific approval must be confirmed through current county records.
How do I know whether a building was rezoned H-3 or H-4?
Review the final property-specific ordinance, parcel coverage, effective date, current zoning map and county records. A recommendation, candidate list or draft map should not be treated as final zoning approval.
Can an AOAO prohibit rentals even when county zoning permits them?
An association may impose rental restrictions through its governing documents. Buyers should review current declarations, bylaws and house rules in addition to county zoning.
Can AOAO rules make short-term rental legal when county zoning does not allow it?
Association rules do not independently create a county land-use right. Both the governmental and association layers must support the intended use.
Can a seller or agent guarantee future rental eligibility?
Future eligibility should not be guaranteed. Laws, zoning, association rules, permits and property-specific circumstances can change. Material representations should be supported by current written records.
What should I verify before writing an offer?
Verify current county zoning, the property’s community plan area, any permits or variances, property-specific H-3/H-4 approval if claimed, AOAO rental rules, seller disclosures and the records supporting any rental-income representation.
Does past rental income prove future rental rights?
No. Historical rental activity may help evaluate operations, but it does not establish future zoning rights, association permission or continued legal eligibility.
Can Aina Real Estate Group determine whether my condo is legally rentable?
Aina can help collect available records, identify inconsistencies, compare building information and highlight questions requiring confirmation. Final legal or zoning opinions should come from the appropriate county agency or qualified legal professional.

Need to Understand a Specific Condo's Rental Posture?

We can help you gather the available building and property records, identify the questions that need written answers and compare the condo with better-documented alternatives.

Request a Rental Eligibility Review

Prefill subject: Bill 9 / Rental Posture Review

No obligation. The review identifies available information and due-diligence questions; it is not a legal opinion.

This page provides general real estate and market information from a Hawaii-licensed real estate brokerage. It is not legal, tax, zoning, planning, lending or insurance advice. Laws, government interpretations, zoning actions and AOAO documents may change. Buyers, sellers and owners should verify material facts with Maui County and qualified legal, tax, planning, lending and insurance professionals.

Selling a West Maui Condo With Rental History?

Clear, supportable documentation can help buyers understand what is known, what remains uncertain and how the unit should be positioned against competing properties.