|
| |
Maui Bill 9 and Bill 88: What Condo Owners, Buyers, and Sellers Need to Know Now
|
Over the past year, I’ve had more conversations about Bill 9 and Bill 88 than just about anything else in Maui real estate.
And for good reason.
If you own, are considering buying, or are thinking about selling an apartment-zoned vacation rental condo on Maui, these two bills matter. A lot.
There’s also been a lot of confusion around what changed, what didn’t, and what owners should actually be paying attention to right now.
So let’s simplify it.
|
First, Bill 9 Changed the Timeline
|
Bill 9 is already law.
It phases out short-term rental use in apartment-zoned condo districts on a delayed timeline:
• January 1, 2029 for West Maui
• January 1, 2031 for other affected areas on Maui
That timeline is still in place.
This is the part many people miss: Bill 88 does not repeal Bill 9. It does not cancel it, pause it, or automatically protect every Minatoya property.
Bill 9 remains the law. Bill 88 creates a possible path forward for some properties.
That distinction matters.
|
What Bill 88 Actually Does
|
Bill 88 creates two new zoning categories: H-3 and H-4.
These are intended to function similarly to existing apartment-style resort zoning, but with one critical difference:
• They would allow qualifying properties to continue short-term rental use
That’s the headline.
But here’s the nuance: Bill 88 does not automatically rezone any condo complex.
It creates the framework.
After that, individual properties or condo associations would still need to go through a separate rezoning process. That means approvals are not automatic, and not every property that wants H-3 or H-4 zoning will necessarily get it.
|
Why Bill 88 Is Such a Big Deal
|
Bill 88 matters because it gives the market something it has been desperate for: a defined path instead of pure uncertainty.
For months, the biggest question has been:
Which apartment-zoned vacation rental properties might have a realistic chance to continue operating legally long term?
Bill 88 is the county’s attempt to answer that.
It also helps explain something I’ve been telling clients repeatedly:
• Not all Minatoya properties are in the same position
• Eligibility to apply is not the same as approval
• Being historically used as a vacation rental does not guarantee a future rezoning outcome
That’s why buyers need to be careful, sellers need to be precise, and owners need to understand exactly where their property stands.
|
The 4 Eligibility Criteria That Matter Most
|
|
Under Bill 88, a property must meet all four of these criteria to potentially qualify for H-3 or H-4 consideration:
• The building or structure must have received a valid building permit, special management area use permit, or planned development approval on or before April 20, 1989
• Vacation rental use must have been legally conducted in at least one unit in the building before September 24, 2020, supported by tax classification or GET/TAT payment records
• The number of TVR units cannot increase beyond what was allowed as of January 7, 2022
• The property owner or operator must hold current GET and TAT licenses and be current on applicable taxes, fines, and penalties
This is the due diligence framework I would use with any buyer looking at a potentially affected condo.
If a property does not meet even one of these criteria, that becomes a serious issue.
|
Exhibit 1: The List Everyone Is Watching
|
One of the most important parts of Bill 88 is Exhibit 1, a list of 104 apartment-district properties totaling 7,167 units that may qualify to pursue H-3/H-4 rezoning.
Some of the better-known complexes on that list include:
• Wailea Ekahi
• Wailea Ekolu
• Palms at Wailea
• Grand Champions Villas
• Kamaole Sands
• Maui Hill
• Maui Kamaole
• Papakea
• Kaʻanapali Royal
• Maui Eldorado
• Hale Kaanapali
But inclusion on the list is not a zoning determination.
It does not mean automatic approval.
It simply means the property is in the starting pool for review.
That’s a very important distinction, especially for buyers who are hearing broad statements like “this complex is safe.” Right now, broad statements are dangerous.
|
What This Means for Owners, Buyers, and Sellers
|
If you’re an owner, this is the time to get clear on your property’s documentation, tax compliance, association posture, and rezoning prospects.
If you’re a buyer, don’t just ask whether a property is on a list. Ask:
• Does it appear to meet all 4 eligibility criteria?
• How likely is the association to pursue rezoning?
• What are the HOA’s finances and long-term costs?
• What happens if rezoning is delayed or denied?
If you’re a seller, clarity wins. The more precisely you can explain where your property stands, the stronger your position with serious buyers.
This is no longer a market where vague reassurance works.
|
My Bottom Line
|
|
Bill 9 created the deadline.
Bill 88 created the potential path.
Now the real questions are property-specific.
That’s where strategy matters most.
|
If you want help understanding how Bill 9 and Bill 88 affect your specific condo, building, or purchase decision, reach out to me directly. We are happy to walk through it with you.
Warmly,
Sara Romvari
Romvari Realty
808-419-3556
|
What's Your Home Worth?
|
Get a Complimentary Market Analysis
|
|
Featured Properties
|
|
Handpicked listings worth a closer look
|
|
|
Wailea Point 1202/1204
$13,495,000
Kihei, HI • 4 BD • 6 BA • 4,273 SQFT
‘A WORK OF ART.’ A LEGACY PROPERTY. A luxurious marriage of two Wailea Point oceanfront units at Maui’s finest condominium project — two 18-foot-wide bay windows afford panoramic ocean, outer island, West Maui, and sunset views.
|
|
|
Luana Kai C207
$499,000
Kihei, HI • 1 BD • 1 BA • 628 SQFT
A beautifully updated one-bedroom condo with an expansive lanai overlooking the lush tropical courtyard at oceanfront Luana Kai. This turnkey, short-term vacation rental is move-in ready and perfectly suited for both personal enjoyment and strong income potential.
|
|
|
The Ridge at Wailea — 14 Halapa Pl
$11,998,000
Kihei, HI • 4 BD • 4.5 BA • 5,126 SQFT
Perched atop the exclusive enclave of The Ridge at Wailea, this extraordinary Guy Dreier-designed residence is a livable sculpture — framing breathtaking ocean vistas that stretch from Molokini across the sparkling Pacific to the West Maui Mountains.
|
|
|
Kaanapali Shores 516
$775,000
Lahaina, HI • 2 BD • 2 BA • 1,004 SQFT
A rarely available two-bedroom condo on world-famous Kaanapali Beach, within walking distance to restaurants, shops, and the food truck scene. An active vacation rental with HOTEL ZONING, fully furnished with washer/dryer and central AC.
|
|
|
Kai Malu 58B
$2,390,000
Kihei, HI • 3 BD • 2.5 BA • 1,796 SQFT
Dream location at Kai Malu with this rare developer unit. Sweeping Wailea Blue Golf Course greens extend upward to majestic Haleakala, with Molokini and Kahoolawe ocean views and masterpiece sunsets from the very private lanais. Sold furnished and move-in ready.
|
|
|
1131 Kehau Pl
$1,098,000
Makawao, HI • 3 BD • 2 BA • 1,224 SQFT
Perched just above Makawao Town, this move-in-ready home captures the essence of Upcountry living — sweeping ocean and West Maui Mountain views, cool trade winds, remodeled bathrooms, and a refreshed kitchen, just minutes from everyday essentials.
|
|
Latest Blogs
|
|
Insights and resources for Maui homeowners and buyers
|
|
|
|
|
|
|
|
|
|
