The conversation around Maui's vacation rental phase-out continues to evolve. While Bill 9 remains the law and will phase out transient vacation rentals (TVRs) in apartment-zoned districts beginning in West Maui on January 1, 2029, the Maui County Council is now evaluating whether a select group of properties should be allowed to continue operating as visitor accommodations through the County's newly created H-3 and H-4 Hotel Districts.
On July 24, 2026, the Council advanced Resolutions 26-110 and 26-111, referring proposed zoning changes and community plan amendments to the Maui Planning Commission for review. These resolutions focus on a relatively small subset of apartment-zoned properties that Council members believe may warrant different treatment than the broader group affected by Bill 9.
For condominium owners, buyers, and investors searching for information about Maui Bill 9 exemptions, Maui Eldorado Bill 9, Papakea vacation rental zoning, or West Maui vacation rental law updates, these proposals are worth watching closely.
Why Are Certain Properties Being Considered?
According to Resolution 26-110, the Council identified several categories of properties that may be appropriate candidates for rezoning from Apartment District zoning to the newly established H-3 or H-4 Hotel Districts. These include:
Properties with a mix of timeshare and transient vacation rental uses.
Leasehold properties that may be difficult to finance or convert into long-term housing.
Smaller properties with values that may be financially out of reach for many local buyers.
Properties where the intent is to allow existing vacation rental operations to continue through a different zoning classification.
The Council's actions follow the adoption of Bill 88 (Ordinance 6008), which created the new H-3 and H-4 Hotel Districts specifically as a potential pathway for certain grandfathered vacation rental properties.
West Maui Properties Included in Resolution 26-110
The following West Maui condominium complexes were specifically identified in Resolution 26-110 for consideration:
Kahana Outrigger
Hale Mahina Beach Resort
Hale Ono Loa
Kuleana
Paki Maui I & II
Paki Maui III
Maui Sands II (Maui Sands Seaside)
Ka'anapali Royal
These properties were included as part of the proposed community plan and zoning amendments being referred to the Maui Planning Commission.
Maui Eldorado and Papakea: A Separate Proposal
Resolution 26-111 addresses another category of properties that the Council describes as functioning more like traditional visitor accommodations.
For West Maui, the two most notable properties included are:
Maui Eldorado
Papakea
These resorts have become central to discussions surrounding Maui Eldorado Bill 9 and Papakea vacation rental zoning because they are specifically identified for consideration under the new hotel zoning framework. The resolution notes that prior planning reviews identified these properties as potentially appropriate candidates for hotel-style zoning treatment.
What Does This Mean for Owners?
At this stage, it is important to understand that these properties have not been exempted from Bill 9.
The Council has only initiated the review process by sending the proposed amendments to the Maui Planning Commission. The Planning Commission will review the proposals, hold hearings, and make recommendations before any final Council action occurs.
For owners at Maui Eldorado, Papakea, Ka'anapali Royal, Kuleana, Paki Maui, Hale Mahina, Hale Ono Loa, Kahana Outrigger, and Maui Sands II, the outcome could significantly affect future vacation rental rights and property values. However, the process remains ongoing and no rezoning approvals have been granted.
What Buyers Should Know
For prospective buyers evaluating West Maui investment properties, understanding whether a condominium complex is included in these proposed zoning measures has become increasingly important.
Questions buyers should ask include:
Is the property currently apartment-zoned?
Is it affected by Bill 9?
Has the property been identified in Resolutions 26-110 or 26-111?
What is the likelihood of successful rezoning to H-3 or H-4?
How might future zoning decisions impact rental income potential?
As Maui County continues to balance housing needs with visitor accommodations, zoning has become one of the most important factors influencing long-term investment decisions.
Looking Ahead
The passage of Bill 9 dramatically changed the landscape for apartment-zoned vacation rentals on Maui. Now, Resolutions 26-110 and 26-111 have opened the door for a limited number of properties to pursue a different path through the new H-3 and H-4 Hotel Districts.
For owners and buyers in complexes such as Maui Eldorado, Papakea, Ka'anapali Royal, Kuleana, and Paki Maui, the next several months could be pivotal as the Maui Planning Commission and County Council evaluate whether these properties should receive special consideration under Maui's evolving vacation rental regulations.
Questions about the real estate market?
Heidi E. Dollinger, R(B)
808-359-4245
