Maui Bill 9: Is Your Condo on the Minatoya List? A Plain-Language Guide for Owners

If you own a condo on Maui that you rent short-term — or that you have ever thought about renting short-term — you have probably heard about “Bill 9” and the “Minatoya list.” You may also have heard conflicting dates, confident predictions about lawsuits, and more than a little speculation.

This guide sticks to what is actually on the books today: what Bill 9 does, how to find out whether your condo is on the Minatoya list, what the two phase-out dates mean, how the Bill 88 rezoning path works, and what a prudent owner can do in the next 90 days. The situation has moving parts, and we say plainly where an outcome is not yet decided. But the deadlines in the ordinance are real, no court has paused them, and the owners who fare best will be the ones who plan on the law as written.

Marbella Lane manages vacation rentals on Maui, and we track this issue property by property for the owners we work with. This is the same framework we use with them.

What Bill 9 does

Bill 9, enacted as Maui County Ordinance 5909, ends short-term (transient vacation) rental use for condominiums in the county’s A-1 and A-2 apartment zoning districts that appear on what is known as the Minatoya list. That is roughly 7,167 units across Maui — a large share of the apartment-zoned condo stock in places like Kihei, Maalaea, and West Maui.

The phase-out runs on two dates, by geography (explained below). What Bill 9 does not do is just as important: it does not affect condos in hotel zoning, and it does not change anything today. Affected units can continue renting short-term until their applicable date arrives.

Is your condo on the Minatoya list?

This is the first question to answer, and it is answerable. Work through these steps:

1. Confirm your zoning. The phase-out applies to A-1 and A-2 apartment-zoned condos. If your property is in a hotel district (H-M, H-1, H-2, or the new H-3/H-4 districts described below), Bill 9 does not apply to you. Your zoning is a matter of public record tied to your parcel — your TMK (tax map key) is the reference that ties your unit to the county’s records.
2. Check your complex against the Minatoya list. The list is a Maui County document identifying the apartment-zoned condo properties covered by the ordinance. Look for your complex by name — inclusion is determined at the property level, not unit by unit.
3. Ask your AOAO, in writing. Your association’s board and managing agent should be able to confirm the property’s status and tell you whether the association is tracking Bill 88 (below). Get the answer in writing, and keep it with your ownership records.
4. Check whether your complex is in the rezoning conversation. Separately from the Minatoya list itself, find out whether your property is among the roughly 104 Minatoya properties eligible for the Bill 88 rezoning path, and among the 48 properties named in the county’s first rezoning resolutions. The sections below explain both.

If you cannot get a clear answer from these steps, that itself is useful information — it means your association may not be actively managing the issue, and the checklist at the end of this guide becomes more urgent, not less.

The two dates: 2029 and 2031

Bill 9 phases out short-term rental use on two different schedules:

• January 1, 2029 — West Maui. Minatoya-list properties in West Maui (Lahaina, Kaanapali, Honokowai, Kahana, Napili, Kapalua) lose short-term rental use at the end of 2028.
• January 1, 2031 — everywhere else. Minatoya-list properties in South Maui (Kihei, Wailea), Maalaea, and the rest of the county have two additional years, with short-term rental use ending at the end of 2030.

Two implications are worth stating plainly. First, a West Maui owner has a materially shorter planning horizon than a South Maui owner — roughly two years less runway. Second, in both cases the remaining window is measured in years, not months. That is enough time to plan well: to earn through the remaining seasons, to follow the rezoning process with your association, and to make a deliberate decision about the property’s next chapter rather than a rushed one.

If your condo is hotel-zoned, Bill 9 does not apply

Properties in hotel zoning — including the county’s established hotel districts — are not on the Minatoya list and are not affected by the phase-out. If your condo is hotel-zoned, your short-term rental use continues under the rules that already apply to it, and the dates above are not your concern. This is why the very first step is confirming your zoning rather than assuming the headlines apply to you: a significant share of Maui’s condo stock is simply outside the scope of this ordinance.

The Bill 88 path: rezoning to H-3/H-4 hotel districts

The county did not leave Minatoya owners without an option. Bill 88 (Ordinance 6008) created two new hotel districts, H-3 and H-4, and a path for roughly 104 Minatoya-list properties to apply for rezoning into them. A property that is successfully rezoned to a hotel district would no longer be subject to the Bill 9 phase-out.

Three things about this path deserve emphasis:

• Eligibility is not rezoning. Being on the eligible list does not change your zoning. Each property’s AOAO must affirmatively apply, and the application process runs through the county.
• The first wave is underway — and it is selective. County Resolutions 26-110 and 26-111 propose rezoning 48 of the eligible properties (about 3,823 units), listed in what is called Exhibit 2. On September 22, 2026, the Maui Planning Commission recommended that only 5 of those 48 properties advance. The final decision rests with the County Council, and as of this writing that action is still pending.
• Where this ends is genuinely undecided. Owners of Exhibit 2 properties should not assume inclusion equals approval — the Planning Commission’s 5-of-48 recommendation shows the process has real scrutiny in it. Owners of eligible properties not in Exhibit 2 should ask their AOAO where the property stands and whether a later application is planned.

A concrete illustration: the Milowai complex in Maalaea is on the Minatoya list — so its short-term rental use is scheduled to end January 1, 2031 — and it is one of the 48 properties named in Exhibit 2. Its owners are therefore watching both tracks at once: a defined phase-out date on one side, and a live but unresolved rezoning process on the other. Many Maui owners are in exactly this dual position, which is why “wait and see” is not a plan — but “plan for the date while following the rezoning” is.

What about the lawsuits?

Bill 9 is being challenged in court, and the litigation is pending. As of this writing, however, no court has issued a stay or any order pausing the ordinance’s deadlines. In practical terms: unless and until a court orders otherwise, the 2029 and 2031 dates are the dates. Owners are of course free to hope the litigation changes the picture — but a plan that only works if the lawsuits succeed is not a plan. The prudent approach is to prepare for the law as written and treat any court-ordered change as upside.

What to do in the next 90 days

Whether your deadline is 2029 or 2031, the same five steps apply — and none of them is expensive or irreversible:

1. Confirm your unit’s status in writing. Complete the checks in the section above: zoning, Minatoya-list inclusion, and your association’s position. File the documentation with your ownership records.
2. Talk to your AOAO about Bill 88. Ask directly: Is our property among the ~104 eligible? Is it in Exhibit 2? Has the association applied, or does it intend to? What will the application cost, and how will it be funded? If your board has not discussed it, request that it be placed on a meeting agenda.
3. Model your remaining runway. Calculate what your unit can realistically earn between now and your applicable date under your current setup — and under a better-performing one. The remaining years are a defined window of rental income; knowing its size turns an abstract deadline into a concrete financial decision about management, pricing, and possible sale timing.
4. Review your management setup. The remaining runway is not the time for a listing to underperform. Ask whether your current manager is actively working your revenue — pricing, listing quality, review performance — and whether they are tracking Bill 9 and Bill 88 for your specific property, by name, the way this guide does. A manager who cannot tell you your property’s Minatoya and Exhibit 2 status is not managing this issue for you.
5. Watch the County Council. The Council’s action on Resolutions 26-110 and 26-111 is the next decision point for Exhibit 2 properties, and further rezoning activity may follow. Put a reminder on your calendar quarterly; this is a file to check a few times a year, not daily.

Frequently asked questions

What is Maui Bill 9?
Bill 9 is Maui County Ordinance 5909. It ends short-term rental use for condominiums in A-1 and A-2 apartment zoning that appear on the Minatoya list — roughly 7,167 units. The phase-out takes effect January 1, 2029, in West Maui and January 1, 2031, in the rest of the county, including South Maui and Maalaea.

How do I know if my condo is on the Minatoya list?
Start by confirming your zoning: the ordinance covers A-1 and A-2 apartment-zoned condos. Then check your complex by name against the county’s Minatoya list (your TMK ties your unit to the county’s parcel records), and ask your AOAO for written confirmation of the property’s status. Inclusion is determined at the property level, so if your complex is on the list, your unit is covered.

My condo is hotel-zoned. Does Bill 9 affect me?
No. Properties in hotel zoning are not on the Minatoya list and are not subject to the phase-out. Your short-term rental use continues under the rules that already apply to hotel-zoned properties.

What is Bill 88, and can my complex rezone?
Bill 88 (Ordinance 6008) created new H-3 and H-4 hotel districts and a rezoning path for roughly 104 Minatoya-list properties. Eligibility alone does not rezone a property — each AOAO must apply. The county’s first rezoning resolutions (26-110 and 26-111) name 48 properties in Exhibit 2; the Planning Commission recommended on September 22, 2026, that only 5 of the 48 advance, and final County Council action is pending.

My complex is in Exhibit 2. Does that mean our rezoning is approved?
No. Exhibit 2 is a proposal, not an approval. The Planning Commission’s recommendation that only 5 of 48 properties advance shows the review is substantive, and the County Council has not yet taken final action. Exhibit 2 owners should plan on their Bill 9 date while their association pursues the rezoning.

Could the lawsuits against Bill 9 stop the phase-out?
Litigation challenging Bill 9 is pending, but no court has issued a stay pausing the deadlines. Until a court orders otherwise, the January 1, 2029 (West Maui) and January 1, 2031 (elsewhere) dates stand. Owners should plan on the law as written.

A note from Marbella Lane

We manage vacation rentals across Maui and the rest of Hawaii, and Bill 9 is a file we track property by property — Minatoya status, Exhibit 2 status, and each owner’s applicable date — for every Maui home in our care. Our team includes Tao Tao, former Technical Lead of Airbnb’s Search Platform, and Cindy Lin, former Airbnb User Growth Engineering Manager; we bring that data-driven experience to the pricing and listing performance that determine what your remaining rental window is worth.

If you own a Maui condo and are not sure where it stands — on the list, in the resolutions, or both — we are happy to walk through the checks in this guide with you and talk about what the remaining runway could look like under active management. No pressure and no obligation: just a clear picture of your property’s position, and a plan for it.

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This guide reflects Maui County Ordinances 5909 and 6008 and the status of Resolutions 26-110/26-111 as of late October 2026. It is general information for property owners, not legal advice; owners should confirm their property’s status with Maui County and their AOAO, and consult their own advisors about their specific situation.