Maui Ownership Intelligence · Updated October 9, 2026
Buying a Maui short-term rental takes more than checking nightly rates and occupancy. Buyers need to check the legal basis for rental use and the status of proposed rezoning. They also need to review how the association is run, insurance, and running costs. Test whether the investment still works if rental rules change.
Maui County's Bill 9 and the later Bill 88 hotel-zoning rules make this review essential. A condo’s rental history alone does not give it a permanent right to vacation rentals.
What Bill 9 Actually Changed
Bill 9 became Maui County Ordinance 5909 in December 2025. It phases out certain transient vacation rental (TVR) uses in A-1 and A-2 apartment districts. It does not prohibit all short-term rentals throughout Maui County.
For affected uses, the ordinance provides the following phase-out schedule:
| Geographic area | End of permitted phase-out period | Covered TVR use must cease |
|---|---|---|
| West Maui Community Plan area | December 31, 2028 | January 1, 2029 |
| All remaining areas of Maui County | December 31, 2030 | January 1, 2031 |
The ordinance identifies exceptions, including validly existing timeshare units, uses operating within the terms of a variance and uses otherwise permitted by law. Check the relevant records to establish whether a property qualifies. Do not assume an exception applies.
October 2026 Update: Where the Rezoning Process Stands
Bill 88, enacted as Ordinance 6008, established new H-3 and H-4 hotel zoning classifications. These districts offer a possible path for certain previously lawful transient vacation rentals in apartment zones. Creating a district does not automatically rezone any parcel.
On September 22, the Maui Planning Commission reviewed proposed hotel rezoning affecting 48 properties under Resolutions 26-110 and 26-111. It recommended approval for five and denial for the others. These were recommendations, not enacted zoning changes.
On September 29, the Maui County Council voted 5–4 to refer another 32 properties to the Planning Commission under Resolution 26-129, CD1. The proposal concerns 19 A-1 properties considered for H-3 and 13 A-2 properties considered for H-4, including sites within identified coastal-risk areas. That vote was a referral for review, not approval of rezoning.
For the status of each resolution, read our companion guide: Maui Bill 88 Explained: Hotel Rezoning and Short-Term Rentals.
Why This Matters for Buyers and Investors
Uncertain rental rules change what buyers need to check. A property may earn rental income now but face different rules later. Test the investment under its current legal use and several realistic future outcomes.
1. Verify the legal right to rent
Check each part of the property's legal status:
- Current zoning and lawful existing use.
- Any permit or variance that applies.
- Whether Bill 9 affects the property.
- Whether a proposed hotel rezoning has actually taken effect.
A tax class, listing description, or past booking does not prove that rental use is lawful.
2. Understand association governance
Review the condo declaration, bylaws, house rules, and rental limits. Check management contracts, how rules have been enforced, reserve studies, insurance, and planned capital work. County rules may allow a use while the association places separate limits on it.
3. Model the full ownership cost
Build a budget that includes:
- Purchase costs and loan payments, if financed.
- Real property taxes.
- General excise and transient accommodations taxes, when they apply.
- Property management, utilities, and repairs.
- Insurance and reserve contributions.
- Possible special assessments.
A premium location does not remove the risk of running costs or major repairs.
4. Consider coastal exposure and insurability
Some properties considered in the 2026 rezoning process are located in sea-level-rise exposure areas, special flood hazard areas or shoreline setback areas. Review these risks separately. Check flood exposure, shoreline and building conditions, available insurance, and future capital needs. Potential rezoning and physical risk are separate questions.
5. Test the exit strategy
Who might buy the property if rental rights change? Could you use it yourself or rent it for longer stays? Consider how soon you may need to sell and how much cash you need available. Zoning alone does not set resale value. Uncertain rules can still affect price talks and the ability to sell.
A Practical Due-Diligence Checklist
- Ask Maui County to confirm zoning and permitted use for the exact parcel.
- Confirm whether the property is affected by Ordinance 5909 and whether an exemption applies.
- Check the current stage of any H-3/H-4 rezoning proposal. Referral, recommendation, reading, and enactment are separate steps.
- Have qualified professionals review association records. Include reserves, finances, litigation, insurance, and planned capital work.
- Assess coastal hazards, maintenance history and realistic insurance costs.
- Test the budget with and without future short-term rental income.
- Review tax, legal, and loan questions with the right licensed advisers.
What About Existing Hotel-Zoned Properties?
Lawful visitor uses in hotel districts may face different rules from apartment-zoned units affected by Bill 9. Still, hotel zoning alone does not guarantee that a unit can be rented short-term. Check permitted uses, permits, association limits, and any conditions for that property.
Questions Maui Buyers Frequently Ask
Does Bill 9 ban all Maui vacation rentals?
No. It phases out certain transient vacation rental uses in apartment districts. The ordinance's exceptions and other applicable law still apply. Many other lawful visitor accommodations fall outside this phase-out.
Does Bill 88 automatically protect a condominium on the Minatoya List?
No. Bill 88 established zoning categories. An individual property's zoning changes only through the applicable legislative and approval process.
If a property is on a Council resolution, is rezoning approved?
No. Referral to the Planning Commission is one step. Its recommendation and final Council action are separate steps. Confirm the current legal status. A proposal or informal summary is not enough.
Should buyers avoid every property affected by Bill 9?
There is no single answer. Start with how you plan to use the property and its legal status. Review price, financing, how long you plan to own it, and the risks you can afford. Compare other options. A home may suit your personal use even if it cannot support your short-term rental plan.
Extraordinary Ownership Begins Before Closing
Look beyond today’s rental revenue. Does the property’s legal status, cost, operation, and community fit what you need from it over time?
Maui Homes Guide approaches these decisions through Ownership Intelligence: helping buyers and owners see the full cost and experience of ownership. That includes the duties and risks that continue long after closing.
For more on the proposed zoning pathway, see our detailed Bill 88 guide. To discuss a property-specific ownership strategy, connect with Maui Homes Guide.
Official Sources and Further Reading
- Maui County Ordinance 5909 (Bill 9)
- Maui County legislative file: Bill 88
- September 29, 2026 County Council meeting record
- Resolution 26-129 legislative file
Updated October 9, 2026. Educational information only; not legal, tax or investment advice. County actions and property-level eligibility can change. Confirm current information directly with Maui County and qualified professionals before making a transaction or investment decision.