Updated October 9, 2026 | Maui Ownership Intelligence
Bill 88 established new hotel zoning districts on Maui, but it did not automatically rezone any condominium. Two September 2026 events made that distinction more important. The Planning Commission made a recommendation on 48 properties. The County Council referred another 32 properties for review.
For buyers, sellers, and existing owners, the practical question is not simply whether a property appears on a rezoning list. Check the specific parcel and intended use. Is the use lawful now? Which approvals are pending? Do the costs and returns make sense under more than one possible outcome?
Status: This article reflects information reviewed through October 9, 2026. Legislative actions may change. Confirm the latest County records, parcel tax map key (TMK), governing documents, and applicable legal requirements before making a transaction or operating decision.
Bill 9 and Bill 88: Two Different Laws
Bill 9, enacted as Ordinance 5909 in December 2025, establishes a phase-out of certain transient vacation rental uses in A-1 and A-2 apartment districts, subject to the ordinance's conditions and exceptions. For affected uses, the phase-out dates are January 1, 2029, in the West Maui community plan area and January 1, 2031, elsewhere in Maui County. Validly existing timeshare uses, certain variances, and other uses otherwise permitted by law require separate property-specific analysis.
Bill 88, enacted as Ordinance 6008 in June 2026, created H-3 and H-4 hotel zoning districts. These districts offer a potential rezoning pathway for certain properties, but Bill 88 did not rezone a particular building by itself, repeal Bill 9, or guarantee continued short-term rental rights.
In practical terms: Bill 9 affects certain existing rental uses; Bill 88 creates a zoning framework that may be used through additional approvals. A proposal, referral, or favorable recommendation is not the same as an enacted parcel-specific zoning change.
September 2026: What Changed?
September 22: Planning Commission Reviews 48 Properties
The Maui Planning Commission considered proposed community plan and zoning changes under Resolutions 26-110 and 26-111. Reports of the hearing indicate the Commission recommended rezoning for five properties and recommended against the other 43, on a 6–2 vote. Those are advisory recommendations, not final zoning decisions.
There is a property-name discrepancy in published accounts of the five: some identify Hono Kai, while another identifies Hono Koa. Both names appear in the underlying hearing materials. Check the Commission’s written recommendation and the property’s TMK. Neither account should be treated as final proof of a building’s outcome.
Other properties named in reporting among the five include Maui Kāʻanapali Villas, Kūʻau Plaza, Maui Schooner, and Hāna Kai. Some have existing legal exemptions or variances, which is a separate issue from the proposed rezoning.
September 29: Council Refers 32 Additional Properties
On September 29, the Maui County Council voted 5–4 to adopt Resolution 26-129, CD1, referring proposed bills involving 32 condominium properties to the Maui Planning Commission. The proposed changes include:
- 19 A-1 apartment-zoned properties proposed for H-3 hotel zoning.
- 13 A-2 apartment-zoned properties proposed for H-4 hotel zoning.
The proposal also contemplates corresponding amendments to the Kīhei-Mākena and West Maui community plans. The affected properties are in areas including Māʻalaea, Kīhei, and West Maui.
Nothing was rezoned by this referral vote. The Planning Commission must review the proposals. Further Council action would be needed before a zoning change could take effect.
The adopted proposal uses specified coastal-related criteria, including sea-level-rise exposure, special flood hazard areas, and shoreline setback areas. Reporting on the adopted criteria also describes a threshold involving more than half of a building's footprint and an exclusion related to original affordable or workforce housing use. Check the adopted resolution and exhibits for the specific property. Do not assume every shoreline condo qualifies.
Why the 5–4 margin matters: If the Planning Commission recommends against the proposed zoning changes, proceeding contrary to that recommendation would require six of the nine Council votes. Five votes supported a referral for review. That does not establish that a future rezoning will pass.
What About Resolution 26-130?
Resolution 26-130 is a separate proposal involving specifically identified parcels. It should not be confused with the 32-property referral under Resolution 26-129, CD1. Available September committee records do not establish a final rezoning through Resolution 26-130. Verify its current status independently in the County's legislative system.
What H-3 and H-4 Would—and Would Not—Resolve
If a parcel ultimately receives suitable hotel zoning, that may change the legal framework for visitor accommodation. But zoning is only one part of the ownership equation. Buyers and owners must also check approvals and conditions for the unit. Review association documents, operating agreements, taxes, insurance, and physical condition. Other property-specific requirements may also apply.
A building’s place on a list does not prove its zoning status. Nor do past rentals or a seller’s description. Verify the enacted zoning ordinance and TMK.
The Minatoya List Is Not Proof of Rental Eligibility
The commonly referenced Minatoya List is an informational starting point concerning certain apartment-zoned properties historically associated with transient vacation rental activity. It is not, by itself, a permit, a guarantee of current lawful use, or a promise of future rezoning.
Different units or uses within the same development may have different legal circumstances. Verify the specific parcel and intended use directly with Maui County Planning and qualified counsel, particularly when rental income is central to the purchase decision.
Coastal Exposure and Long-Term Ownership Risk
Some properties are being considered for rezoning using coastal-related criteria. That does not mean the physical risks have been reduced. Sea-level-rise exposure, shoreline erosion, storm surge, flooding, access interruptions, and infrastructure deterioration may influence future insurance costs, maintenance, reserves, special assessments, and resale considerations.
For a condominium association, ask how these exposures are addressed in its reserve study, master insurance program, capital plan, meeting minutes, and financial forecasts. Understand which duties belong to the association and which belong to unit owners. Where relevant, obtain professional assessments of coastal conditions and the building envelope.
Legal permission to rent and long-term suitability to own are different questions. A property's rental potential should not obscure its underlying operating and capital requirements.
Due Diligence for Buyers, Sellers, and Current Owners
- Identify the exact property: Confirm the TMK, current zoning, unit identification, and the specific proposed resolution or ordinance, if any.
- Verify existing lawful use: Obtain written confirmation or appropriate professional analysis of the current rental-use basis, exemptions, permits, and conditions.
- Identify the procedural stage: Distinguish a committee proposal, Council referral, Planning Commission recommendation, Council reading, and finally enacted rezoning.
- Review association governance: Examine the declaration, bylaws, house rules, rental policies, meeting minutes, budgets, reserves, capital plans, and pending assessments.
- Assess physical and financial risk: Investigate insurance availability and deductibles, coastal and flood exposure, deferred maintenance, repairs, property taxes, and all recurring costs.
- Model alternative outcomes: Evaluate the property's carrying costs and marketability if visitor rental income is reduced, delayed, or unavailable. Consider personal use or a legally feasible longer-term rental scenario where applicable.
- Use the right advisors: Consult County Planning, a Hawaiʻi real estate attorney, the association, insurance specialists, tax professionals, and other qualified advisors as needed.
For a broader investment perspective, see Maui STR Investing After Bill 9: What Buyers and Investors Should Understand.
Frequently Asked Questions
Did Bill 88 automatically rezone my condominium?
No. Ordinance 6008 created the H-3 and H-4 zoning districts. A separate completed County process is necessary to change a specific property's zoning.
Did the September 22 Planning Commission vote make the five properties eligible to continue short-term rentals?
No. The vote was a recommendation, not final rezoning. Some properties may have existing lawful rental-use bases independent of this process; those require individual verification.
Were 32 more condominium properties approved on September 29?
No. The Council referred proposed legislation for Planning Commission review. The referral itself did not change zoning or confer visitor-rental rights.
Does a 5–4 referral vote mean rezoning will fail?
No. It is not a final vote on rezoning. However, a subsequent unfavorable Planning Commission recommendation can trigger a six-vote Council threshold. The eventual outcome remains unresolved.
Can I rely on rental income when buying an affected property?
Only after careful review of the current legal operating basis and the financial implications of potential regulatory change. Do not assume that proposed future zoning will be approved.
Official Records and Further Reading
- Maui County Council: September 29, 2026 meeting materials and Resolution 26-129, CD1.
- Maui County legislative record: Resolution 26-129.
- Maui Planning Commission agendas and summary minutes.
- Maui Now: September 30 report on the 32-property referral.
Extraordinary Ownership Begins Before Closing
The most useful question is not simply whether a condominium might eventually qualify for hotel zoning. Check its current legal status, association governance, physical condition, costs, and long-term use. Do these fit the owner’s goals? The plan should still work if pending decisions do not go as expected.
At Maui Homes Guide, the focus is Ownership Intelligence for Maui's residential and resort communities: helping people understand the obligations, risks, and opportunities that accompany ownership, not merely the transaction itself.
Editorial note: Updated October 9, 2026. General educational information only; not legal, tax, insurance, or investment advice. Laws and pending proceedings can change. Verify the latest official records and property-specific facts before relying on this article.