Bill 9: What It Actually Means for Maui Condo Owners
I've had more conversations about Bill 9 in the last couple years than almost anything else in my business. Owners calling to ask if their unit is affected, buyers pausing offers until they understand what they're actually buying into, people who've owned a Maui condo for twenty years suddenly needing to make a decision they never expected to make. If you own, or you're considering buying, an apartment-zoned condo on Maui, this is probably the single most important thing happening in our real estate market right now, and it's genuinely confusing even for people who follow it closely.
This post is my attempt to lay out what Bill 9 actually does, who it affects, the real timeline, and where things stand today, in plain language. It's not legal advice, and I'll say that again at the bottom, but it should give you a solid starting point for the conversation to have with your attorney or CPA.
What Bill 9 Actually Does
Bill 9 is a Maui County law, signed by Mayor Richard Bissen on December 15, 2025, that phases out short-term vacation rentals in condo buildings zoned "Apartment" rather than "Hotel." Roughly 6,200 units across the county fall into this category. The goal, as stated by the county, is to convert some of that inventory into long-term housing stock amid Maui's ongoing housing shortage, a shortage that became more acute after the 2023 Lahaina fires. It's the largest short-term rental phase-out attempted anywhere in the country, which is part of why it's drawn so much attention and legal pushback.
The units affected are specifically those on what's known as the Minatoya List, named after a county attorney's 1989 legal opinion that grandfathered certain pre-1991 apartment-zoned condos into vacation rental use even after the county tightened its zoning code. If your condo isn't on that list, or if it's zoned Hotel to begin with, Bill 9 doesn't apply to it.
Is Your Condo on the Minatoya List?
Not every Maui condo is affected, and this is the first thing to check. The Minatoya List covers about 104 specific properties, concentrated in West Maui and South Maui, that were built or approved before March 1991 and have operated as vacation rentals under that grandfathered status. Many Maui condo complexes were always zoned Hotel or Resort and were never part of this issue in the first place.
The county was originally required to notify affected owners by January 1, 2026; that notification deadline was later pushed to March 1, 2026. If you own a Maui condo and haven't confirmed one way or the other whether your building is on the list, that's the first call to make, either to your property manager, HOA, or the county directly.
The Phase-Out Timeline
For West Maui properties, the last legal night for a short-term guest is December 31, 2028, meaning units need to be converted to long-term use by January 1, 2029. For the rest of the county, including South Maui, the deadline is December 31, 2030, converting by January 1, 2031. That's still a few years out, but it affects resale value, financing, and rental income planning well before the deadline actually arrives, buyers are already factoring it into offers today.
Where Things Stand Right Now
Two things are happening at once, and both matter if you own an affected unit.
First, litigation. Owners have filed at least two lawsuits arguing Bill 9 amounts to an unconstitutional taking of property without compensation, including one from a group of Kaanapali Royal owners. As of the most recent reporting, no court has issued an injunction, which means the phase-out deadlines remain legally in effect while the cases proceed.
Second, a possible alternative path. The county separately passed Bill 88 in June 2026, creating two new hotel zoning categories intended to let some Minatoya List properties seek hotel rezoning instead of converting to long-term housing. Roughly 4,500 units across the 104 listed properties could potentially qualify, but passing Bill 88 didn't automatically rezone anything, each property has to go through its own rezoning resolution, and the County Council has only just begun voting on the first wave of those for specific Kihei and West Maui complexes. Whether your specific building pursues this route, and whether it succeeds, is a building-by-building question right now, not a countywide guarantee.
Both of these are moving quickly. If you're reading this more than a couple months after it was published, treat the specific dates and case status here as a starting point, not the current word, and confirm with the county or your attorney.
What Condo Owners Should Do Now
If you own, or are considering buying, a Minatoya List condo, a few concrete steps are worth taking. Confirm directly whether your specific unit is on the list rather than assuming based on the building's reputation. Ask your HOA or building association whether they're pursuing hotel rezoning under Bill 88, and where that process stands. Know your actual phase-out deadline based on whether you're in West Maui or the rest of the county. Talk to a real estate attorney about your options, and a CPA about the tax implications of converting a unit from short-term to long-term rental use or selling before the deadline. And if you're weighing a sale, understand that buyer demand and financing for these units is already shifting in response to Bill 9, which affects pricing conversations happening right now, not just in 2029 or 2031.
This post is meant to help you understand the landscape, not to tell you what to do with your specific property. I'm not an attorney, and nothing here should be treated as legal advice.
Thinking about how Bill 9 affects your condo? Let's talk.
I work with condo owners and buyers navigating this regularly and I'm happy to talk through what it means for your specific situation. Get in touch.