We explain HOA law in plain English, but we are not your lawyer and this is not legal advice. Here is why that matters.

Maui set two dates to end 7,000 apartment-district vacation rentals

Maui set two dates to end 7,000 apartment-district vacation rentals
Hawaii · Regulation

Maui set two dates to end 7,000 apartment-district vacation rentals

Maui County has fixed the dates on which roughly 7,000 apartment-zoned vacation rentals stop being lawful. Mayor Richard Bissen signed Ordinance No. 5909, from Bill 9 (2025), on December 15, 2025, the same day the Council gave it final reading.1

The two dates

  • West Maui Community Plan area — amortization ends December 31, 2028; transient vacation rental use must cease January 1, 2029.
  • The rest of the county — amortization ends December 31, 2030; use must cease January 1, 2031.

No opt-outs and no renewals.

The scale

The Minatoya list covers 7,069 properties — 6,823 units on Maui and 246 on Molokai. About 6,208 were actively operating as short-term rentals as of May 2024. The County expects more than 6,000 units to return to long-term residential use. Mayor Bissen put the ownership picture bluntly: “94% of the units affected are owned by people who don’t live in Maui County.”

The state-law hook

The county’s authority to amortize this use comes from HRS § 46-4(a) as amended by Act 17 (2024), which added to the zoning power “[t]he time, place, manner, and duration in which uses of land and structures may take place,” and provided that “uses that include the furnishing or offering of transient accommodations shall not be considered residential or agricultural uses and may be phased out or amortized in any zoning district by county zoning regulations.”

Before that amendment, § 46-4(a) barred counties from amortizing nonconforming residential uses. Act 17 removed transient accommodations from that shelter.

✓ Your Hawaii State Pass is active — the full analysis below is unlocked

Why an association feels this before 2029

The revenue changes on the amortization date. Everything else changes sooner, because underwriters and lenders price forward.

Lender questionnaires. With Limited Review retired for established condo projects as of August 3, 2026, essentially every conventional loan in a project over ten units now runs a Full Review — and rental restrictions, litigation and special assessments are all on the form. A building with a dated end to its rental economics is a building whose budget assumptions a reviewer will test.

Insurance. Occupancy type is an underwriting input. A building converting from transient to long-term residential use is a different risk, in ways that cut both directions.

Delinquency. Owners whose unit income disappears are owners at risk of falling behind. Fannie’s Full Review caps delinquencies at 15% of units 60+ days past due on common expense assessments, and separately 15% on each special assessment. A wave of delinquency is not just a collection problem; it is a project-eligibility problem for everyone else.

The trap: zoning does not amend a declaration

This is the point most likely to be got wrong in the next five years, in both directions.

An association whose declaration and house rules permit transient use does not lose that permission because of the ordinance — but the use becomes unlawful under county law regardless of what the documents say. Conversely, an association whose declaration prohibits transient use does not acquire it because a parcel is later rezoned.

Use restrictions live in the declaration under HRS § 514B-32(a)(6), which requires it to describe “[t]he permitted and prohibited uses of each unit.” Amending that takes at least sixty-seven per cent of the common interest under § 514B-32(a)(11), unless the declaration sets a higher figure — or a majority, for a condominium created before July 1, 2006, under § 514B-23. Bylaws take 67% under § 514B-108(e).

County law and the recorded documents are two independent permission systems, and a unit needs a yes from both.

What a board on the list should be doing now

  • Read the declaration and house rules against the ordinance and write down, in one page, what each permits after each date.
  • Model the budget for the transition year. Long-term tenancy changes wear, utilities, amenity use and management intensity, and it changes them before the deadline as owners convert early.
  • Decide the house-rule questions early — minimum lease terms, guest registration, amenity access for tenants — because they will be contested, and the board’s enforcement powers under § 514B-104 include acting directly against a tenant after notice and an opportunity to be heard.
  • Do not assume rezoning will save the building. Watch the H-3/H-4 hotel-district process, but budget as though the deadline holds.
  • Expect owner conflict, and run a fair process. Owners who bought for rental income and owners who live there full-time now have opposed interests, and the board serves both.

What we are not saying

We are not predicting the outcome of the litigation challenging the ordinance, and an injunction is a hope, not a plan. As of this writing the deadlines stand.

What to watch

The takings litigation; the H-3/H-4 rezoning resolutions covering named properties; and whether the County publishes transition guidance for associations, which so far it has not.

Related Hawaii HOA Topics

← All Hawaii HOA Topics

  1. County of Maui, “Mayor Richard Bissen signs historic Bill 9 into law after Maui County Council vote today” (December 15, 2025)
  2. Maui County Council, Bill 9 (2025) overview
  3. Hawai‘i Public Radio, “Maui County passes historic law to phase out thousands of vacation rentals,” December 16, 2025
  4. Session Laws of Hawaii 2024 (county zoning authority context)

Stay on top of Hawaii HOA law

Every week: new Hawaii legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.

Check your inbox to complete your sign up.

No spam. Unsubscribe anytime.