Is Your Maui Condo on the H-3/H-4 Rezoning List? What the 2026 Hearings Mean for Owners and Buyers

If you own — or are thinking about buying — a condo in Kīhei, Wailea, Kāʻanapali, Kahana, Nāpili, or Māʻalaea, there is now a much more specific question to ask than simply:

“Is this property on the Minatoya List?”

The better question in 2026 is:

“Is this property actually being proposed for H-3 or H-4 hotel zoning, and under which resolution?”

That distinction matters because Maui County has already created the new H-3 and H-4 hotel districts, but individual apartment-zoned properties do not automatically move into them. Each property still needs to go through a separate change-in-zoning and community-plan process that includes Planning Commission review and ultimately County Council approval. Maui County

And the numbers are substantial.

A July 31, 2026 master list provided to the County identified:

• 7,167 units on the broader Minatoya master list
• 4,519 units included in the Temporary Investigative Group's Exhibit 2
• 3,785 units proposed for rezoning in the resolutions listed at that time

That means thousands of units are being discussed, but not every Minatoya property is on the same track.

For condo owners and buyers, this has become a building-by-building issue.

Quick Answer

Maui County adopted Bill 9, now Ordinance 5909, in December 2025. It phases out transient vacation rental use in qualifying apartment-zoned properties after December 31, 2028 in West Maui and after December 31, 2030 elsewhere in Maui County. The prohibited use therefore begins January 1, 2029 in West Maui and January 1, 2031 in the rest of the County. Maui County

In June 2026, Maui County established new H-3 and H-4 Hotel Districts specifically to create a potential pathway for certain A-1 and A-2 apartment-zoned properties affected by Bill 9 to retain transient vacation rental use. But creating H-3 and H-4 did not automatically rezone any condo complex. Individual properties still require Planning Commission review and County Council approval before their zoning changes. Maui County

What Is the Minatoya List?

The term “Minatoya List” refers to apartment-zoned properties that historically operated transient vacation rentals under exemptions associated with Maui County's former treatment of vacation rentals in apartment districts.

Before April 20, 1989, transient vacation rentals were permitted in Maui's apartment districts. Later zoning changes restricted that use but preserved certain existing properties. Those exemptions were eventually incorporated into County code. Bill 9 changed that framework and created a timetable for phasing out qualifying vacation-rental use in apartment-zoned properties. Maui County

The County reported that 6,208 Minatoya-listed units were actively operating as short-term rentals as of May 29, 2024, while the broader master list used in later zoning discussions contains approximately 7,100 units. Maui County

That explains why you may see different numbers depending on the source.

They are not necessarily describing the same universe of properties.

What Bill 9 Actually Does

Bill 9 became Ordinance 5909 on December 15, 2025.

For qualifying transient vacation rental uses in apartment districts, the law establishes these deadlines:

West Maui:
Vacation-rental use may continue through December 31, 2028 and must cease beginning January 1, 2029.

Other areas of Maui County:
Vacation-rental use may continue through December 31, 2030 and must cease beginning January 1, 2031. Maui County

The ordinance contains exemptions for certain legally permitted uses, including valid timeshares and properties operating under qualifying variances or other independent legal authority. Maui County

So being called a “vacation rental condo” today does not necessarily tell you what that unit's legal use will be after 2028 or 2030.

What Are H-3 and H-4?

Maui County adopted legislation establishing the H-3 and H-4 Hotel Districts on June 22, 2026. Maui County

The two districts were designed specifically around properties affected by Bill 9.

The Planning Department describes them essentially as like-for-like counterparts to the existing apartment districts:

• H-3 corresponds generally to qualifying properties formerly in A-1
• H-4 corresponds generally to qualifying properties formerly in A-2

The important difference is that transient vacation rental use can be permitted in the hotel district. Maui County

But again:

A property does not become H-3 or H-4 simply because the new zoning categories exist.

A separate change-in-zoning and, where applicable, community-plan amendment must still occur for the specific property. That process includes Planning Commission review before Council approval. Maui County

The Three Numbers Buyers and Owners Should Understand

The County's zoning discussions involve several overlapping lists.

Based on the July 31, 2026 master list:

7,167 Units on the Minatoya Master List

This is the broadest group shown in the document.

It does not mean all 7,167 units are currently being proposed for H-3 or H-4 zoning.

4,519 Units in TIG Exhibit 2

The Bill 9 Temporary Investigative Group identified approximately 4,519 units it considered potential candidates for transition into the new hotel districts.

County officials have described this as roughly 4,500 of approximately 7,100 Minatoya units. Maui County

3,785 Units Proposed in the Rezoning Resolutions

The July 31 master list shows 3,785 units assigned to specific proposed rezoning resolutions at that point in the process.

That difference is important.

A property can appear on the Minatoya List without necessarily appearing in one of the active rezoning resolutions.

Which Maui Condo Complexes Are Proposed for H-3 or H-4 Zoning?

The July 31, 2026 master list identifies dozens of named properties.

Below are some of the more recognizable complexes and the resolution shown for them in the County's master list.

Resolution 26-110

Properties shown under Resolution 26-110 include:

• Kāʻanapali Royal — proposed H-4
• Kahana Outrigger — proposed H-3
• Hale Mahina Beach Resort — proposed H-4
• Hono Kai — proposed H-3
• Hono Koa — proposed H-4
• Kuleana — proposed H-3
• Maui Hill — proposed H-3
• Maui Sands I
• Maui Sands II — proposed H-4
• Maui Sunset — proposed H-4
• Paki Maui I & II — proposed H-4
• Paki Maui III — proposed H-4
• Kahana Village — proposed H-3
• Kahana Townhouse — proposed H-3
• Kauhale Makai — proposed H-4
• Lauloa Māʻalaea — proposed H-4
• Moana Villa — proposed H-3
• My Waii Beach Cottage — proposed H-3
• Indio Lotus Beach — proposed H-3
• Waihōuli Beach Duplex — proposed H-3
• Kanai A Nalu — proposed H-4
• Kuau Plaza — proposed H-4

The list also includes several individual residential addresses in Kīhei proposed for H-3 zoning.

Resolution 26-111

Properties shown under Resolution 26-111 include several major South Maui and resort-area complexes:

• Wailea Ekahi I — proposed H-3
• Wailea Ekahi II — proposed H-3
• Wailea Ekahi III — proposed H-3
• Wailea Ekolu — proposed H-3
• Palms at Wailea — proposed H-3
• Papakea — proposed H-4
• Kamaole Sands — proposed H-4
• Maui Eldorado — proposed H-4
• Luana Kai — proposed H-4
• Mahina Surf — proposed H-3
• Hana Kai-Maui — proposed H-3

These are some of the complexes most likely to generate questions because many have long histories of vacation-rental use.

Other Resolutions Matter Too

Not every proposed property falls under 26-110 or 26-111.

The July 31 list also identifies properties under other resolutions, including 26-129 and 26-130.

Examples shown under 26-129 include:

• Kīhei Bay Surf
• Kīhei Bay Vista
• Hale Kai II
• Hale Ono Loa
• Island Sands
• Lokelani
• Maalaea Kai, in part

And the document lists additional Front Street properties under Resolution 26-130.

That is why it is important not to simply ask whether a building is “on the rezoning list.”

You need to know which resolution, which proposed district, and how many units within that property are actually included.

What About Properties That Aren't Highlighted?

This may be just as important as the properties that are.

The master list contains many familiar Maui complexes that appear on the broader Minatoya list but do not show a proposed H-3/H-4 zoning designation or active rezoning resolution in the July 31 version.

In other words:

Being on the Minatoya List does not automatically mean your building is currently proposed for rezoning.

That distinction could affect both the property's future legal use and how buyers value the unit today.

What Is Happening at the Planning Commission?

The Maui Planning Commission began reviewing the next stage of this process in September 2026.

A Maui Planning Commission meeting concerning the issue was held September 8, 2026, and County records show additional Commission proceedings scheduled during September. Maui County

The Planning Commission's role is important, but it is not the final vote.

County planning materials state that transfers of specific properties into H-3 or H-4 require a separate change-in-zoning and community-plan amendment process, with Planning Commission review occurring before County Council approval. Maui County

So a Planning Commission hearing should not be interpreted as meaning a property's zoning has already changed.

Why Did the County Identify Some Properties and Not Others?

The Temporary Investigative Group considered several factors when identifying properties for potential transition.

Planning Commission discussions describe criteria including:

• Property values that may make units less attainable for typical Maui residents
• Exposure to sea-level-rise areas
• Existing timeshare characteristics
• Historical use
• Physical and economic characteristics that may make long-term residential conversion less practical

Those factors were part of the TIG recommendation process, but recommendation does not itself constitute rezoning. Maui County

What This Means If You're Buying a Maui Condo

If you are buying primarily because you want vacation-rental income, due diligence is now more important than simply confirming that the unit currently rents short term.

Before writing an offer, I would want answers to all of these questions:

• Is the property on the Minatoya master list?
• Is the unit currently operating legally as a transient vacation rental?
• What is the property's existing zoning?
• Is it proposed for H-3 or H-4?
• Which rezoning resolution includes it?
• Does the proposal include every unit in the complex or only some?
• What stage has that resolution reached?
• Is the AOAO supporting the rezoning?
• What happens if the rezoning is not ultimately approved?
• What would the property be worth as a long-term residential unit?
• Does the purchase still make financial sense without short-term rental income?

That last question may be the most important one.

If the entire investment works only if a particular rezoning proposal succeeds, you need to understand that regulatory outcome is not guaranteed.

What This Means If You Already Own

Owners face a different calculation.

If your complex is proposed for H-3 or H-4, you now have more specific information than you had when Bill 9 first passed.

But the process is still underway.

I would be asking the AOAO:

• Which resolution includes our property?
• What zoning is being proposed?
• Has the association taken an official position?
• Who is representing the complex in the zoning process?
• Are owners expected to contribute toward legal or planning costs?
• What approvals remain?
• What happens if the zoning change is not approved?
• How does the association plan to communicate updates to owners?

These answers can influence decisions about holding, selling, renovating, or continuing to operate the property as a vacation rental during the remaining amortization period.

Does Being Proposed for H-3/H-4 Guarantee Vacation-Rental Rights?

No.

It means the property has been identified in a proposed rezoning process.

The Planning Department has been explicit that specific properties must still complete the formal change-in-zoning process and receive Council approval. Maui County

Until that happens, buyers should not treat proposed zoning as final zoning.

When Does Bill 9 Take Effect?

For affected properties in the West Maui Community Plan area:

January 1, 2029

For affected properties elsewhere in Maui County:

January 1, 2031 Maui County

Those are the dates after which the affected apartment-district transient vacation rental uses are no longer permitted under Ordinance 5909 unless the property qualifies under another legal authority.

Does Bill 9 Affect Every Maui Vacation Rental?

No.

The County has emphasized that Bill 9 applies specifically to the affected apartment-zoned transient vacation rental properties.

Thousands of other legal visitor accommodations will continue operating, including properties in other zoning districts as well as hotels, timeshares, bed-and-breakfast operations, and other legally authorized accommodations. Maui County

Why This Matters for Maui Condo Prices

This is one reason countywide condo statistics can be misleading.

Two condos that look almost identical on paper may have very different long-term use rights.

One property may be hotel-zoned already.

Another may be apartment-zoned but proposed for H-4.

A third may be on the Minatoya master list with no active rezoning resolution shown.

And another may be completely outside the Bill 9 issue.

Those differences can affect:

• Buyer demand
• Financing
• Rental revenue
• Resale value
• Property taxes
• HOA planning
• Seller motivation

So when buyers ask me whether Maui condos are “cheap” right now, the answer depends heavily on which condo.

Frequently Asked Questions

Is Kāʻanapali Royal on the H-3/H-4 rezoning list?

Yes. The July 31, 2026 master list identifies Kāʻanapali Royal under Resolution 26-110 with proposed H-4 zoning for 105 units.

Is Papakea proposed for hotel zoning?

Yes. The July 31 master list identifies Papakea under Resolution 26-111 with proposed H-4 zoning for 364 units.

Is Wailea Ekahi on the rezoning list?

Yes. Wailea Ekahi I, II, and III are shown under Resolution 26-111 with proposed H-3 zoning.

Is Wailea Ekolu on the list?

Yes. Wailea Ekolu appears under Resolution 26-111 with proposed H-3 zoning for 148 units.

Is Palms at Wailea proposed for H-3?

Yes. The July 31 master list shows Palms at Wailea under Resolution 26-111 with proposed H-3 zoning for 150 units.

Is Kamaole Sands on the H-3/H-4 list?

Yes. Kamaole Sands is shown under Resolution 26-111 with proposed H-4 zoning for 440 units.

Is Maui Hill proposed for hotel zoning?

Yes. Maui Hill appears under Resolution 26-110 with proposed H-3 zoning for 140 units.

Is Maui Sunset on the list?

Yes. Maui Sunset is shown under Resolution 26-110 with proposed H-4 zoning for 225 units.

Does appearing on the list mean the rezoning is approved?

No. Proposed H-3/H-4 zoning still requires the applicable Planning Commission and County Council process before it becomes effective. Maui County

How many Minatoya units are there?

Different figures refer to different groups. The July 31, 2026 master list contains 7,167 units. Maui County previously reported approximately 6,208 Minatoya-listed units actively operating as short-term rentals as of May 2024, while the TIG identified approximately 4,519 units as possible candidates for H-3/H-4 transition. Maui County

The Bottom Line

The Maui condo conversation has moved beyond the simple question of whether a property is on the Minatoya List.

In 2026, buyers and owners need to know:

Is the property actually proposed for H-3 or H-4 zoning?

Which resolution is it in?

How many units are included?

And how far has that rezoning process actually progressed?

Those answers can vary dramatically from one building to the next.

For someone considering a Maui condo primarily as a vacation rental, this may be one of the most important pieces of due diligence you do before making an offer.

If you're looking at a specific Maui complex and want to know where it appears on the July 31 master list, what zoning is proposed, which resolution applies, and how that could affect a purchase or sale, reach out anytime.

I’m happy to go through the property with you building by building and separate what is already law from what is still only proposed.

Benjamin Finnerty REALTOR® RS-83812
Keller Williams Realty Maui RB-21851
808-481-9748
Benjamin@the808team.com
www.the808team.com

This article is provided for general real estate information only and is not legal or zoning advice. Proposed rezoning resolutions, Planning Commission recommendations, County Council action, litigation, and Maui County regulations may change. Buyers and owners should verify current zoning and permitted use directly with the County of Maui and appropriate legal professionals before relying on short-term rental income or future zoning assumptions.