Bill 9 and the Minatoya List: What Maui Condo Buyers and Owners Need to Know in 2026

Bill 9 and the Minatoya List: What Maui Condo Buyers and Owners Need to Know in 2026

If you're buying or selling a Maui condo in 2026, Bill 9 and the Minatoya List may be two of the most important things to understand before evaluating the property's price or vacation-rental income.

Bill 9 changes the future of transient vacation rentals in certain apartment-zoned Maui condominiums. Bill 88, passed in June 2026, created new H-3 and H-4 hotel zoning districts that may provide a path for some affected properties to continue vacation-rental use, but that rezoning is not automatic.

For Maui condo buyers and owners, that means two properties that look nearly identical can now carry very different levels of regulatory risk.

Here's what you need to know as of August 2026.

What Is the Maui Minatoya List?

The Minatoya List is the commonly used name for a group of apartment-zoned Maui condominium properties that historically qualified to operate as transient vacation rentals despite their underlying apartment zoning.

The name comes from Maui County Deputy Corporation Counsel Richard Minatoya, who issued a legal opinion dated July 30, 2001. The opinion generally concluded that condominium buildings in apartment districts that had legally operated vacation rentals before Maui's 1989 restrictions could continue doing so.

That treatment was later incorporated into Maui County law in 2014.

For decades, this allowed thousands of condos, particularly in South Maui and West Maui, to operate legally as vacation rentals even though their underlying zoning was residential apartment zoning rather than hotel zoning.

What Is Maui Bill 9?

Bill 9 is the Maui County law that phases out transient vacation rental use in affected apartment-zoned properties.

Mayor Richard Bissen signed Bill 9 into law on December 15, 2025. The law ends the longstanding zoning exception that allowed certain transient vacation rentals to operate in apartment districts.

Bill 9 does not ban all Maui vacation rentals.

Hotel-zoned vacation rentals, along with many other legally permitted visitor accommodations, are not eliminated by the law.

When Do Maui Minatoya Vacation Rentals Have to Stop?

Bill 9 uses different phase-out dates depending on location.

West Maui: affected transient vacation rental use is scheduled to end January 1, 2029.

South Maui and other affected Maui County areas: affected use is scheduled to end January 1, 2031.

Until then, qualifying properties may generally continue their existing legal transient vacation rental use, subject to applicable laws and regulations.

The practical consequence for a buyer is significant.

A condo may produce attractive vacation-rental income today while having a very different permitted use several years from now.

That future use needs to be incorporated into the purchase decision.

How Many Maui Condos Are on the Minatoya List?

UHERO analyzed 6,172 Minatoya List units and found that approximately 85% had owners with out-of-state mailing addresses. Thirty-six percent had California mailing addresses.

UHERO's analysis also suggests that converting a substantial portion of these properties to residential use could meaningfully increase Maui's available housing inventory.

But not every affected property will necessarily follow the same path.

That is where Bill 88 becomes important.

What Is Maui Bill 88?

Bill 88 created two new Maui County hotel zoning districts called H-3 and H-4.

The Maui County Council gave Bill 88 final approval by a 7-2 vote in June 2026. It became Ordinance 6008.

The new districts were designed to create a potential pathway for some properties historically operating as legal vacation rentals in A-1 or A-2 Apartment Districts to move into hotel zoning.

Approximately 4,500 units at more than 100 properties have been discussed as potential candidates for this process.

But this is the part buyers need to understand:

Bill 88 does not automatically rezone any Maui condo.

It creates the zoning categories.

Individual properties still need to go through a separate process before their zoning actually changes.

Does Bill 88 Save Minatoya List Condos From Bill 9?

Potentially some of them, but not automatically.

A condominium appearing on a County recommendation, TIG list, or proposed rezoning resolution is not the same thing as a condominium that has already been legally rezoned.

That distinction is critical.

For any property you're considering, you want to know:

1. Its current zoning.
2. Whether it is affected by Bill 9.
3. Whether it appears in the County's H-3/H-4 rezoning process.
4. Which Council resolution applies.
5. Whether that resolution has actually been adopted.
6. Whether additional approvals are still required.

That's much more useful than simply hearing that a complex is "probably going hotel."

How Is Bill 9 Affecting Maui Condo Prices?

Regulatory uncertainty is already affecting the Maui condo market, but Bill 9 should not be viewed as the only reason condo prices have softened.

Insurance costs, HOA increases, special assessments, interest rates, inventory, financing, and buyer demand are also influencing values.

Still, UHERO has specifically identified Bill 9 uncertainty as a meaningful factor in Maui condo pricing.

In its February 2026 economic forecast, UHERO estimated that a full Minatoya vacation-rental phase-out could eventually reduce Maui condominium prices by approximately 20% to 40%, although the ultimate effect remains uncertain.

That doesn't mean every Minatoya property will lose 20% to 40%.

Real estate is building-specific.

A large, well-maintained oceanfront condo with strong owner demand may behave very differently from a property whose value has historically depended heavily on vacation-rental income.

What Should You Check Before Buying a Minatoya List Condo?

If you're considering a Maui condo that has historically been used as a vacation rental, I would want these questions answered before writing an offer:

What is the property's actual Maui County zoning?

Is the complex on the Minatoya List?

Is it affected by Bill 9?

Is its phase-out date 2029 or 2031?

Is the property included in an H-3 or H-4 rezoning proposal?

What Council resolution applies?

Has the rezoning actually been approved?

What happens to the property's value if vacation-rental use disappears?

Would you still want to own it as a personal residence or long-term rental?

How does financing change if vacation-rental eligibility becomes uncertain?

What are the HOA fees, insurance exposure, reserves, and potential assessments?

For me, one question stands above the others:

Would this still be a good purchase if short-term rental use eventually ended?

If the answer is yes, potential H-3/H-4 rezoning may represent upside rather than something your investment depends on.

Are Minatoya Condos a Good Buying Opportunity?

They can be.

Regulatory uncertainty can create opportunities for buyers who understand what they're purchasing and have a longer time horizon.

A buyer looking primarily for a Maui residence, second home, or long-term rental may evaluate a Minatoya condo very differently from an investor whose return depends entirely on nightly rental income.

That is why I wouldn't categorize all Bill 9 properties as either "bad investments" or "bargains."

The correct answer depends on the individual building, price, zoning, financials, and intended use.

What Does Bill 9 Mean for Current Maui Condo Owners?

Current owners face several possible paths.

Some may decide to sell before the phase-out deadline.

Others may continue operating legally during the remaining vacation-rental period and reassess later.

Some associations are participating in the H-3/H-4 rezoning process.

And other owners may ultimately transition their properties to long-term residential use.

There is no single correct decision for every owner.

But owners should understand exactly where their building stands in the regulatory process before determining its value or deciding when to sell.

Are There Lawsuits Challenging Maui Bill 9?

Yes.

Legal challenges were filed after Bill 9 became law, including cases brought by affected property owners challenging the County's ability to terminate longstanding vacation-rental use.

Those lawsuits create another layer of uncertainty.

However, I would not recommend purchasing a Maui condo based on an assumption that Bill 9 will eventually be overturned.

Until a court changes the legal framework, buyers should evaluate properties based on the law currently in effect.

Could Bill 9 Create More Housing for Maui Residents?

That is one of the County's central arguments for the legislation.

Maui County says Bill 9 is intended to return thousands of apartment-zoned units to long-term residential use and expand Maui's housing inventory without waiting for entirely new housing developments to be built.

UHERO has estimated that converting all affected units could increase Maui's housing stock by as much as approximately 13%, roughly comparable to a decade of new construction.

Whether all of those condos ultimately become long-term housing is much harder to predict.

Some could become second homes, owner-occupied units, long-term rentals, or, if successfully rezoned, continue operating as vacation rentals.

The Bottom Line on Bill 9 and the Maui Minatoya List

The most important takeaway is simple:

A Maui condo's current ability to operate as a vacation rental does not necessarily tell you what it will be allowed to do in the future.

Bill 9 phases out transient vacation rental use in affected apartment-zoned properties.

Bill 88 created H-3 and H-4 hotel zoning as a possible alternative for some properties, but those properties must still successfully move through the rezoning process.

For buyers and owners, this makes zoning, Bill 9 status, and current County legislation essential parts of Maui condo due diligence.

If you're considering a specific Maui condominium and want to know whether it's on the Minatoya List, whether Bill 9 affects it, which H-3/H-4 resolution applies, or how similar units are currently selling, I'm happy to look at the specific complex with you.

I'm Benjamin Finnerty, REALTOR® on Maui and Director of Sales for The 808 Team, working with buyers and sellers throughout Maui, with a particular focus on South Maui real estate including Kīhei, Wailea, and Mākena.

Benjamin Finnerty REALTOR® RS-83812
Keller Williams Realty Maui RB-21851

This article is for general informational purposes only and is not legal, tax, zoning, or investment advice. Maui County laws, litigation, proposed zoning changes, and individual property classifications can change. Verify current information with Maui County and appropriate professional advisers before making a real estate decision.