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

Quick Answer: On a 5-4 vote reported September 30, 2026, the Maui County Council sent Maui hotel rezoning proposals for 32 shoreline vacation-rental condo complexes in Māʻalaea, Kīhei and West Maui to the Maui Planning Commission. Nothing is rezoned yet. If not approved, they stay on Bill 9’s timeline: January 1, 2029 in West Maui and January 1, 2031 elsewhere.

I’m Benjamin Finnerty, a REALTOR® in Kīhei with Keller Williams Realty Maui, and I focus on South Maui condos and short-term-rental zoning. If you own, or are thinking about buying, a condo on Maui’s south or west shore, this referral is one of the most important steps in the Maui hotel rezoning process so far. Here’s what happened, what it means and what I’d watch next.

What did the Maui County Council decide on hotel rezoning?

The Council voted 5-4 to adopt Resolution 26-129 (Committee Draft 1), which asks the Maui Planning Commission to review two proposed bills for 32 condominium complexes that currently operate as vacation rentals. As Maui Now reported on September 30, 2026, one bill amends the community plans and the other changes the zoning:

Current zoning	Number of properties	Proposed hotel district
A-1 Apartment District	19	H-3 Hotel District
A-2 Apartment District	13	H-4 Hotel District

Council Chair Alice Lee, Vice Chair Yuki Lei Sugimura and Council Members Kauanoe Batangan, Tom Cook and Nohelani Uʻu-Hodgins voted yes. Council Members Keani Rawlins-Fernandez, Gabe Johnson, Shane Sinenci and Tamara Paltin voted no.

Complexes named in the coverage include Nohonani (28 units) and Hoyochi Nikko (17 units) on Lower Honoapiʻilani Road in West Maui, plus Māʻalaea Kai and Island Sands in Māʻalaea.

Which condos qualify for this round of Maui hotel rezoning?

The 32 complexes were chosen with the “sea-level-rise” screen that the Council’s Housing and Land Use Committee adopted on a 5-4 vote on August 27. Generally, a property qualifies if:

• More than half of the building footprint sits in the State’s Sea Level Rise Exposure Area (the 3.2-foot scenario), or the property is in a special flood hazard area or the shoreline setback area, and
• The building was not originally built as affordable or workforce housing.

The reasoning: coastal buildings facing long-term flood and erosion risk may be poor candidates for conversion to long-term local housing, so letting them stay in visitor use under hotel zoning may make more sense.

Can these condos keep vacation renting after Bill 9?

Not yet, and it is not certain. A referral starts the review; it is not a decision. Here’s the path from here:

1. Planning Commission hearings. The Maui Planning Commission will take public testimony and make a recommendation on both bills.
2. Back to the Council. The Council then votes. If the Planning Commission recommends against the bills, it takes six of nine Council votes to pass them instead of the usual five. That matters, because this referral passed 5-4.
3. If approved, the rezoned buildings could continue short-term rental use under hotel zoning after Bill 9’s deadlines.

History is worth keeping in mind. Earlier in September the Planning Commission recommended approval for only five of 48 properties in a separate referral. That doesn’t predict how it will handle this group, but I wouldn’t assume approval.

How does hotel rezoning fit with Bill 9?

Hotel rezoning is the main path for specific apartment-zoned buildings to keep short-term rental use legally once Bill 9 takes effect. Bill 9, now Ordinance 5909, was signed by Mayor Richard Bissen on December 15, 2025. It phases out transient vacation rental use in apartment-zoned buildings on the Minatoya List, with deadlines of January 1, 2029 in West Maui and January 1, 2031 in the rest of Maui County. The County expects the law to return more than 6,000 units to long-term residential use.

The H-3 and H-4 hotel districts, created under Bill 88, are why each referral moves prices, listings and buyer interest in the affected complexes.

At the meeting where the referral passed, Council Member Sugimura said the phase-out could cost the County roughly $94 million a year in property, transient accommodations and general excise tax revenue. Opponents argued the County can make up that revenue in other ways and should put local housing first.

My Take: What I’m Telling Condo Owners and Buyers

If you own in one of the 32 complexes: Follow the Planning Commission agenda and consider submitting testimony. Talk to your AOAO board, because building-level input carries weight. I would not make a big hold-or-sell decision based on a referral alone; the six-vote threshold if the Commission says no is a real hurdle.

If you’re shopping for a Maui condo: For every listing, I confirm three things: (1) current zoning, (2) whether the complex is on the Minatoya List, and (3) whether it’s named in a pending Maui hotel rezoning resolution. A “pending” property carries both upside and risk, and the price should reflect both outcomes.

If you want a condo to live in: This process could mean more condos become available for long-term living after the phase-out dates, which may affect pricing and choices in Kīhei and West Maui over the next few years.

Frequently Asked Questions

Is my condo rezoned now?

No. The Council only referred the proposal to the Planning Commission. Zoning changes only after the Council passes the bills.

When do Bill 9’s vacation rental deadlines take effect?

January 1, 2029 for apartment-zoned Minatoya List properties in West Maui, and January 1, 2031 for the rest of Maui County.

What’s the difference between H-3 and H-4?

They’re the two new hotel districts created under Bill 88. In this referral, A-1 apartment properties are proposed for H-3 and A-2 properties for H-4.

How many Council votes does final approval need?

Normally five of nine. If the Planning Commission recommends against the bills, it takes six.

Can I still buy a condo in one of these complexes as an investment?

Yes, but price in the uncertainty. Run your numbers both ways, with short-term rental income and with long-term rental income, before you write an offer.

For background, read my guide to the sea-level-rise rule behind this condo list, what happened when the Planning Commission said no to most Bill 9 exemptions, and my overview of how Bill 9 is reshaping Maui’s condo market.

This is general information, not legal advice. Please confirm your situation with a Hawaiʻi attorney.

Ask Benjamin

Every complex on this list has its own zoning history, flood exposure and association rules, and those details matter as much as the view. I’m Benjamin Finnerty, and if you’re weighing a purchase or sale in Kīhei, Māʻalaea or West Maui, I’m happy to pull the specifics on any building and walk you through your options. Call or text 808-481-9748 or email benjamin@the808team.com.

Sources: Maui Now (Sept. 3 and Sept. 30, 2026), County of Maui (Bill 9 signing release), Maui County Council Housing and Land Use Committee, Hawaiʻi Public Radio, Honolulu Star-Advertiser.