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

Quick Answer: On September 22, 2026, the Maui Planning Commission voted 6-2 to recommend denying hotel-zoning exemptions for 43 of the 48 apartment-zoned properties seeking to escape Bill 9’s short-term rental phase-out. Only five properties, about 397 units, got a favorable recommendation. The County Council makes the final call and can overrule with a two-thirds vote.

I’m Benjamin Finnerty, a REALTOR® in Kīhei with Keller Williams Realty Maui, and I focus on South Maui condos and the Minatoya List rules that decide which of them can keep operating as vacation rentals. If you’ve been on the fence about buying, selling or holding a Maui condo while Bill 9 works through the system, this vote is the clearest signal yet about which direction the county is heading. Here’s what changed, what didn’t, and what it means for your next move.

What did the Maui Planning Commission decide on Bill 9 exemptions?

The commission recommended denying hotel-zoning exemptions for 43 of 48 properties. The vote on September 22, 2026 was 6-2 and came after roughly five hours of testimony.

The County Council had narrowed an initial, much broader review down to these 48 properties. A temporary investigative group had suggested that broader review could touch as many as 4,500 Minatoya List properties. The commission’s job was to make a recommendation before the matter heads to the full County Council.

Recommended for approval	Units
Hale Kaanapali	262
Kuau Plaza	30
Maui Schooner	58
Hono Koa	28
Hana Kai	already operating with a hotel designation

Some of the island’s largest and best-known complexes were among those recommended for denial:

• Kamaole Sands (440 units), South Maui
• Papakea (364 units), West Maui
• A large Wailea project (404 units)
• Luana Kai (113 units)

Is the Planning Commission vote final?

No. It’s a recommendation. The Maui County Council can still overrule the Planning Commission with a two-thirds vote, and as of this writing the council hasn’t signaled which way it’s leaning.

The vote narrows the odds for most of these properties, but it doesn’t close the door entirely. It also doesn’t change the underlying Bill 9 deadlines for the thousands of Minatoya List units that weren’t part of this exemption request at all.

What is Bill 9 and when does it take effect?

Bill 9, officially Ordinance No. 5909, was signed into law on December 15, 2025. It phases out transient vacation rental (TVR) use in apartment-zoned (A-1 and A-2) districts across West Maui, South Maui, Hāna and Molokai. Those are the areas where thousands of condos have operated as short-term rentals for decades under grandfathered rights tied to the county’s Minatoya List.

The idea, born out of the housing shortage following the August 2023 Lahaina wildfires, is to convert some of that vacation-rental inventory back into long-term housing for Maui residents. The bill does not touch hotel-zoned properties, legally permitted bed-and-breakfasts or timeshares. For apartment-zoned units, it sets a hard clock:

Area	TVR use must stop after	Effective
West Maui	December 31, 2028	January 1, 2029
South Maui, Hāna and Molokai	December 31, 2030	January 1, 2031

Since the bill passed, the obvious escape hatch for Minatoya List owners has been petitioning for hotel zoning, which would let them keep operating as short-term rentals indefinitely. That’s exactly what this vote addressed.

What does the Bill 9 exemption vote mean for condo buyers?

For buyers, the picture is more interesting than discouraging. Lenders are increasingly asking for larger down payments on investment-focused condo purchases where future rental income is uncertain, and some sellers with STR-dependent units are adjusting expectations. That combination can create negotiating room, particularly for buyers who don’t need short-term rental income to make the numbers work.

If you’re looking at a Maui condo as a future primary residence, a long-term rental or a place to enjoy without relying on nightly guests, a Minatoya List property that’s losing its vacation-rental rights may become more affordable as the pool of investor-buyers shrinks.

What should owners in denied complexes do?

Plan rather than panic. You still have years before the deadline hits: 2028 in West Maui, 2030 in South Maui and beyond.

Some owners are choosing to sell now, while rental income is still intact, and marketing to buyers who value that cash flow for the next few years. Others are repositioning for the long-term rental market, which remains in serious demand on Maui given how tight local housing is. There’s no single right answer. It depends on your building, your financial goals and how the County Council ultimately rules.

How do I check my condo’s Minatoya List and Bill 9 status?

Confirm exactly where your building, or one you’re considering, stands. The county’s Minatoya List is a dense, 100-plus-page document organized by Tax Map Key. Being listed doesn’t automatically tell you a unit’s fate. Each complex’s situation depends on its zoning history, whether it applied for an exemption, and how that request fared.

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

This is a moving target, and the County Council’s final decision on these 48 properties could still shift the landscape. Treat the commission vote as strong information, not the last word.

If you’re buying, go into any offer with clear eyes. Know whether the building was part of this exemption request, know its zoning status, and know exactly what year TVR use ends for that district. Then run the numbers as if short-term rental income goes away on schedule. If the deal still works as a primary residence or long-term rental, you’re on solid footing either way.

If you own in a complex recommended for denial, use the runway. Sit down with your numbers now and compare selling with rental income intact against converting to a long-term rental. For more background, read my overview of how Bill 9 is reshaping Maui’s condo market and my post on the 32 shoreline condo complexes sent to the Planning Commission for hotel rezoning.

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

Frequently Asked Questions

How many Bill 9 hotel-zoning exemptions did the Planning Commission support?

Five of 48. On September 22, 2026, the commission voted 6-2 to recommend denying exemptions for the other 43. The five recommended properties represent about 397 units.

Can the County Council still approve the denied properties?

Yes. The commission’s vote is a recommendation, and the Maui County Council can overrule it with a two-thirds vote.

When does short-term rental use end under Bill 9?

For apartment-zoned Minatoya List units, TVR use must stop after December 31, 2028 in West Maui (effective January 1, 2029) and after December 31, 2030 in South Maui, Hāna and Molokai (effective January 1, 2031).

Does Bill 9 affect hotel-zoned condos or timeshares?

No. The bill does not touch hotel-zoned properties, legally permitted bed-and-breakfasts or timeshares.

Ask Benjamin

If you’re weighing a purchase or a sale, or just want to understand your own condo’s Bill 9 status, I’m happy to walk through it building by building and deadline by deadline. I’m Benjamin Finnerty; call or text me at 808-481-9748 or email benjamin@the808team.com anytime.