By Benjamin Finnerty (S), REALTOR® (RS-83812) with Keller Williams Realty Maui · Kīhei, Maui · 808-481-9748

Quick Answer: Bill 9 (Ordinance 5909), signed December 15, 2025, ends vacation rental use in apartment-zoned Minatoya List condos on January 1, 2029 in West Maui and January 1, 2031 elsewhere in Maui County. Bill 88 created new H-3 and H-4 hotel districts, and as of October 2026 the County is still deciding which buildings get rezoned.

I’m Benjamin Finnerty, a REALTOR® in Kīhei with Keller Williams Realty Maui, and I focus on South Maui condos and the short-term-rental zoning questions that Bill 9, Bill 88 and the Minatoya List raise. Bill 9 is the first thing I check on almost any Maui condo listing, because it drives value more than view or square footage right now. Here’s where things stand this fall, building by building and deadline by deadline.

What does Bill 9 do to Maui condos?

Bill 9 ends transient vacation rental use in apartment-zoned buildings that have operated as vacation rentals under the Minatoya List, on a fixed schedule. The Minatoya List traces back to a 2001 county legal opinion that allowed these apartment-district units to rent nightly. Mayor Richard Bissen signed Bill 9 into law on December 15, 2025, as Ordinance 5909. Maui Now has described it as covering roughly 6,000 to 7,000 units, depending on the count.

Area	Vacation rental use ends
West Maui (Lahaina, Kāʻanapali, Honokōwai, Kahana, Nāpili, Kapalua)	January 1, 2029
South Maui and the rest of Maui County (Kīhei, Wailea, Mākena, Māʻalaea and other areas)	January 1, 2031

Bill 9 applies to apartment-zoned units. Properties already in hotel zoning aren’t part of the phase-out, which is why a building’s zoning matters so much when you compare two similar condos.

What is Bill 88, and how can a building keep vacation rentals?

Bill 88 created two new hotel zoning districts, H-3 and H-4, as a possible path for some Minatoya List buildings to keep vacation rental use. The Council passed it 7-2 on June 19, 2026, and it took effect June 22 as Ordinance 6008.

Bill 88 doesn’t rezone anything by itself. As Housing and Land Use Committee Chair Nohelani Uʻu-Hodgins put it when it passed, the bill “only establishes the district.” Each property has to be rezoned separately through Planning Commission review and a final Council vote. Maui Now reported the new districts were aimed at roughly 4,500 units at 104 Minatoya List properties.

Which Maui condos are being considered for hotel rezoning?

Two separate batches are moving through the process this fall:

Batch	Status as of October 12, 2026
48 properties, 3,402 units (sent to the Maui Planning Commission in July)	The commission recommended approval for 5 and denial for the rest in late September; the Council makes the final decision
32 shoreline complexes in Māʻalaea, Kīhei and West Maui (Resolution 26-129)	Council voted 5-4 on September 29 to refer them to the Planning Commission

The five properties the commission recommended for approval were Hale Kāʻanapali and Kūʻau Plaza, which have existing variances; Maui Schooner and Hono Koa, which are fully timeshare; and Hana Kai Maui, which holds a condo hotel operator’s license, according to Maui Now. Large complexes recommended for denial included Kamaʻole Sands, The Resort at Papakea, Maui Eldorado and Maui Sunset. Maui Now reported the commission has until November 24, 2026 to send the bills back to the Council.

The 32-complex batch uses new sea-level-rise criteria: a property qualifies if more than half its building footprint sits in the state’s Sea Level Rise Exposure Area at 3.2 feet, a special flood hazard area or the shoreline setback area. It would rezone 19 A-1 properties to H-3 and 13 A-2 properties to H-4. I explain those criteria in my post on the sea-level-rise hotel rezoning rule and the referral in my post on 32 shoreline condos heading to the Planning Commission.

One number to remember: if the Planning Commission recommends against a rezoning bill, the Council needs six of its nine votes to pass it anyway.

Can Bill 9 still be overturned in court?

It’s possible, but nothing has stopped it so far. Two lawsuits were filed in Second Circuit Court in December 2025: Malter v. Maui County, brought by Kāʻanapali Royal owners on December 19, and Lynam v. County of Maui, filed December 22 and seeking class-action status for Minatoya List properties. Both argue the phase-out takes vested property rights without compensation. As of my October 12, 2026 review of news coverage, I found no reported ruling blocking Bill 9. Check the current status before you make a long-term decision that depends on it.

How has Bill 9 affected Maui condo prices?

More condos are selling, at lower prices. According to the REALTORS® Association of Maui (RAM), Maui County condo sales for January through September 2026 rose 21.1% to 620, while the median fell 6.8% to $655,000. In September alone, condos took a median of 199 days to sell.

Condo area, Jan.–Sept. 2026 (RAM)	Sales	Median	Change in median
Kīhei	222	$596,000	-11.7%
Nāpili/Kahana/Honokōwai	106	$537,500	-11.9%
Kāʻanapali	70	$1,027,500	-10.8%
Wailea/Mākena	66	$2,085,000	-16.6%

RAM’s figures don’t separate apartment-zoned from hotel-zoned units, so building-level comparable sales matter more than area medians. My guide to Maui condo prices by area goes deeper.

My Take: What I’m Telling Condo Buyers, Sellers and Investors

If you’re buying, start with zoning, not the rental history. Confirm with the County whether the unit is apartment- or hotel-zoned, whether the building is on the Minatoya List, and whether it’s named in any pending rezoning bill or resolution. Then value it two ways: with vacation rental income through the deadline, and as a long-term rental or full-time residence after it. If the second number doesn’t work for you, the first one is a risk.

If you’re selling, put the zoning facts up front. Buyers and their agents understand Bill 9 now, and a listing that clearly states its zoning, Minatoya status and any rezoning activity saves everyone time. Price from recent sales in comparable buildings, not from 2022 rental comps.

If you’re investing, remember that two similar buildings a block apart can end up on different sides of a Council vote. Read association minutes for any rezoning application and its cost, and track the November 24 Planning Commission deadline and the Council votes that follow.

I’ve seen this play out with my own clients. I’ve worked with buyers who were looking at apartment-zoned condos that aren’t named in any of the rezoning resolutions written since Bill 9 passed, and once we looked up the building’s status, they decided not to move forward on those units. That’s why zoning and resolution status are the first things I check, before a buyer gets attached to a listing.

When a Minatoya List owner asks me whether to sell now or wait for the rezoning votes, I start with their reasons for considering a sale. Then we look at both long-term paths for their building: what happens if it’s rezoned and keeps vacation rental use, and what happens if it loses those rights at the deadline. The right answer depends on the owner’s own goals, so my job is to lay out both scenarios clearly and help them choose the one that fits.

This is general information, not tax or legal advice; confirm your situation with a CPA or Hawaiʻi attorney.

Frequently Asked Questions

When does Bill 9 take effect in South Maui?
Outside West Maui, including Kīhei, Wailea and Mākena, vacation rental use in apartment-zoned Minatoya List units ends January 1, 2031. West Maui’s date is January 1, 2029.

Does Bill 9 apply to hotel-zoned condos?
No. Bill 9 applies to apartment-zoned Minatoya List units; properties already in hotel zoning aren’t part of the phase-out.

Did Bill 88 rezone any condos?
No. Bill 88 (Ordinance 6008) only created the H-3 and H-4 districts. Each property must be rezoned separately.

Which buildings did the Planning Commission recommend for hotel zoning?
Five of 48: Hale Kāʻanapali, Kūʻau Plaza, Maui Schooner, Hono Koa and Hana Kai Maui. The Council makes the final decision.

Has a court blocked Bill 9?
As of October 12, 2026, I found no reported ruling blocking it. Two lawsuits filed in December 2025 are pending.

Ask Benjamin

If you want a building-by-building look at how Bill 9 and Bill 88 affect a condo you own or are considering, I’m happy to help. I’m Benjamin Finnerty, a REALTOR® in Kīhei with Keller Williams Realty Maui. Call or text 808-481-9748 or email benjamin@the808team.com.

Sources: County of Maui (Ordinance 5909); Maui Now (Jan. 2, June 22, Sept. 29 and Sept. 30, 2026); REALTORS® Association of Maui September 2026 report; Maui Now (Oct. 9, 2026).