How Bill 159 Will Affect Short-Term Condo Owners on Maui

Bill 159 Maui County

Update May 2024: The County is now trying to ban short term rental condos in apartment districts.

With the primary objective of establishing a means to limit tourism on Maui, the Maui County Council recently passed Bill 159. The desire to limit tourism on the island comes from environmental groups seeking to reduce the impact that growing tourism is having on Maui as well as from local residents who are growingly concerned about overcrowding and an ongoing housing crisis. 

The bill was originally introduced for discussion in January 2022 and addresses the total number of legally allowed transient vacation accommodation units on the island. These accommodations include hotel rooms, short-term rentable condos, bed and breakfasts, as well as camper vans and recreational vehicles. 

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Short Term Rental
Listing Image for 4365 Lower Honoapiilani Rd 1215 1 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 2 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 3 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 4 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 5 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 6 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 7 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 8 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 9 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 10 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 11 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 12 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 13 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 14 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 15 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 16 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 17 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 18 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 19 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 20 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 21 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 22 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 23 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 24 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 25 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 26 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 27 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 28 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 29 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 30 of 31 Listing Image for 4365 Lower Honoapiilani Rd 1215 31 of 31

$724,999

Royal Kahana 1215

4365 Lower Honoapiilani Rd 1215, Napili/Kahana/Honokowai

1 Bed 1 Bath 777 SqFt Residential MLS® # 410670

Days on Market: 14

Coldwell Banker Island Prop(S) Cell: 808-344-0180

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$1,850,000

Wailea Palms 2801

3150 Wailea Alanui Dr 2801, Wailea/Makena

2 Beds 3 Baths 1,559 SqFt Residential MLS® # 410669

Days on Market: 14

Coldwell Banker Island Prop(S) Cell: 808-298-7910

In Escrow
Listing Image for 1063 Kauhikoa Rd 1 of 17 Listing Image for 1063 Kauhikoa Rd 2 of 17 Listing Image for 1063 Kauhikoa Rd 3 of 17 Listing Image for 1063 Kauhikoa Rd 4 of 17 Listing Image for 1063 Kauhikoa Rd 5 of 17 Listing Image for 1063 Kauhikoa Rd 6 of 17 Listing Image for 1063 Kauhikoa Rd 7 of 17 Listing Image for 1063 Kauhikoa Rd 8 of 17 Listing Image for 1063 Kauhikoa Rd 9 of 17 Listing Image for 1063 Kauhikoa Rd 10 of 17 Listing Image for 1063 Kauhikoa Rd 11 of 17 Listing Image for 1063 Kauhikoa Rd 12 of 17 Listing Image for 1063 Kauhikoa Rd 13 of 17 Listing Image for 1063 Kauhikoa Rd 14 of 17 Listing Image for 1063 Kauhikoa Rd 15 of 17 Listing Image for 1063 Kauhikoa Rd 16 of 17 Listing Image for 1063 Kauhikoa Rd 17 of 17

$1,395,000

Haiku

1063 Kauhikoa Rd, Haiku

2 Beds 3 Baths 1,674 SqFt Residential MLS® # 410668

Days on Market: 15

Live Maui Real Estate LLC

Listing Image for 1531 N Alaniu Pl 1 of 4 Listing Image for 1531 N Alaniu Pl 2 of 4 Listing Image for 1531 N Alaniu Pl 3 of 4 Listing Image for 1531 N Alaniu Pl 4 of 4

$895,000

Kihei

1531 N Alaniu Pl, Kihei

0 Beds 0 Baths 0 SqFt Land MLS® # 410667

Days on Market: 15

Makena Realty LLC

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Short Term Rental
Listing Image for 760 S Kihei Rd 427 1 of 47 Listing Image for 760 S Kihei Rd 427 2 of 47 Listing Image for 760 S Kihei Rd 427 3 of 47 Listing Image for 760 S Kihei Rd 427 4 of 47 Listing Image for 760 S Kihei Rd 427 5 of 47 Listing Image for 760 S Kihei Rd 427 6 of 47 Listing Image for 760 S Kihei Rd 427 7 of 47 Listing Image for 760 S Kihei Rd 427 8 of 47 Listing Image for 760 S Kihei Rd 427 9 of 47 Listing Image for 760 S Kihei Rd 427 10 of 47 Listing Image for 760 S Kihei Rd 427 11 of 47 Listing Image for 760 S Kihei Rd 427 12 of 47 Listing Image for 760 S Kihei Rd 427 13 of 47 Listing Image for 760 S Kihei Rd 427 14 of 47 Listing Image for 760 S Kihei Rd 427 15 of 47 Listing Image for 760 S Kihei Rd 427 16 of 47 Listing Image for 760 S Kihei Rd 427 17 of 47 Listing Image for 760 S Kihei Rd 427 18 of 47 Listing Image for 760 S Kihei Rd 427 19 of 47 Listing Image for 760 S Kihei Rd 427 20 of 47 Listing Image for 760 S Kihei Rd 427 21 of 47 Listing Image for 760 S Kihei Rd 427 22 of 47 Listing Image for 760 S Kihei Rd 427 23 of 47 Listing Image for 760 S Kihei Rd 427 24 of 47 Listing Image for 760 S Kihei Rd 427 25 of 47 Listing Image for 760 S Kihei Rd 427 26 of 47 Listing Image for 760 S Kihei Rd 427 27 of 47 Listing Image for 760 S Kihei Rd 427 28 of 47 Listing Image for 760 S Kihei Rd 427 29 of 47 Listing Image for 760 S Kihei Rd 427 30 of 47 Listing Image for 760 S Kihei Rd 427 31 of 47 Listing Image for 760 S Kihei Rd 427 32 of 47 Listing Image for 760 S Kihei Rd 427 33 of 47 Listing Image for 760 S Kihei Rd 427 34 of 47 Listing Image for 760 S Kihei Rd 427 35 of 47 Listing Image for 760 S Kihei Rd 427 36 of 47 Listing Image for 760 S Kihei Rd 427 37 of 47 Listing Image for 760 S Kihei Rd 427 38 of 47 Listing Image for 760 S Kihei Rd 427 39 of 47 Listing Image for 760 S Kihei Rd 427 40 of 47 Listing Image for 760 S Kihei Rd 427 41 of 47 Listing Image for 760 S Kihei Rd 427 42 of 47 Listing Image for 760 S Kihei Rd 427 43 of 47 Listing Image for 760 S Kihei Rd 427 44 of 47 Listing Image for 760 S Kihei Rd 427 45 of 47 Listing Image for 760 S Kihei Rd 427 46 of 47 Listing Image for 760 S Kihei Rd 427 47 of 47

$1,200,000

Menehune Shores 427

760 S Kihei Rd 427, Kihei

2 Beds 2 Baths 885 SqFt Residential MLS® # 410666

Days on Market: 15

Keller Williams Realty Maui-Ki Cell: 808-481-9748

Listing Image for 4 Anapuni Loop 1 of 48 Listing Image for 4 Anapuni Loop 2 of 48 Listing Image for 4 Anapuni Loop 3 of 48 Listing Image for 4 Anapuni Loop 4 of 48 Listing Image for 4 Anapuni Loop 5 of 48 Listing Image for 4 Anapuni Loop 6 of 48 Listing Image for 4 Anapuni Loop 7 of 48 Listing Image for 4 Anapuni Loop 8 of 48 Listing Image for 4 Anapuni Loop 9 of 48 Listing Image for 4 Anapuni Loop 10 of 48 Listing Image for 4 Anapuni Loop 11 of 48 Listing Image for 4 Anapuni Loop 12 of 48 Listing Image for 4 Anapuni Loop 13 of 48 Listing Image for 4 Anapuni Loop 14 of 48 Listing Image for 4 Anapuni Loop 15 of 48 Listing Image for 4 Anapuni Loop 16 of 48 Listing Image for 4 Anapuni Loop 17 of 48 Listing Image for 4 Anapuni Loop 18 of 48 Listing Image for 4 Anapuni Loop 19 of 48 Listing Image for 4 Anapuni Loop 20 of 48 Listing Image for 4 Anapuni Loop 21 of 48 Listing Image for 4 Anapuni Loop 22 of 48 Listing Image for 4 Anapuni Loop 23 of 48 Listing Image for 4 Anapuni Loop 24 of 48 Listing Image for 4 Anapuni Loop 25 of 48 Listing Image for 4 Anapuni Loop 26 of 48 Listing Image for 4 Anapuni Loop 27 of 48 Listing Image for 4 Anapuni Loop 28 of 48 Listing Image for 4 Anapuni Loop 29 of 48 Listing Image for 4 Anapuni Loop 30 of 48 Listing Image for 4 Anapuni Loop 31 of 48 Listing Image for 4 Anapuni Loop 32 of 48 Listing Image for 4 Anapuni Loop 33 of 48 Listing Image for 4 Anapuni Loop 34 of 48 Listing Image for 4 Anapuni Loop 35 of 48 Listing Image for 4 Anapuni Loop 36 of 48 Listing Image for 4 Anapuni Loop 37 of 48 Listing Image for 4 Anapuni Loop 38 of 48 Listing Image for 4 Anapuni Loop 39 of 48 Listing Image for 4 Anapuni Loop 40 of 48 Listing Image for 4 Anapuni Loop 41 of 48 Listing Image for 4 Anapuni Loop 42 of 48 Listing Image for 4 Anapuni Loop 43 of 48 Listing Image for 4 Anapuni Loop 44 of 48 Listing Image for 4 Anapuni Loop 45 of 48 Listing Image for 4 Anapuni Loop 46 of 48 Listing Image for 4 Anapuni Loop 47 of 48 Listing Image for 4 Anapuni Loop 48 of 48

$1,299,000

Lahaina

4 Anapuni Loop, Lahaina

0 Beds 0 Baths 0 SqFt Land MLS® # 410665

Days on Market: 15

Century 21 Island Homes

Listing Image for 523 Kaikoo St 1 of 33 Listing Image for 523 Kaikoo St 2 of 33 Listing Image for 523 Kaikoo St 3 of 33 Listing Image for 523 Kaikoo St 4 of 33 Listing Image for 523 Kaikoo St 5 of 33 Listing Image for 523 Kaikoo St 6 of 33 Listing Image for 523 Kaikoo St 7 of 33 Listing Image for 523 Kaikoo St 8 of 33 Listing Image for 523 Kaikoo St 9 of 33 Listing Image for 523 Kaikoo St 10 of 33 Listing Image for 523 Kaikoo St 11 of 33 Listing Image for 523 Kaikoo St 12 of 33 Listing Image for 523 Kaikoo St 13 of 33 Listing Image for 523 Kaikoo St 14 of 33 Listing Image for 523 Kaikoo St 15 of 33 Listing Image for 523 Kaikoo St 16 of 33 Listing Image for 523 Kaikoo St 17 of 33 Listing Image for 523 Kaikoo St 18 of 33 Listing Image for 523 Kaikoo St 19 of 33 Listing Image for 523 Kaikoo St 20 of 33 Listing Image for 523 Kaikoo St 21 of 33 Listing Image for 523 Kaikoo St 22 of 33 Listing Image for 523 Kaikoo St 23 of 33 Listing Image for 523 Kaikoo St 24 of 33 Listing Image for 523 Kaikoo St 25 of 33 Listing Image for 523 Kaikoo St 26 of 33 Listing Image for 523 Kaikoo St 27 of 33 Listing Image for 523 Kaikoo St 28 of 33 Listing Image for 523 Kaikoo St 29 of 33 Listing Image for 523 Kaikoo St 30 of 33 Listing Image for 523 Kaikoo St 31 of 33 Listing Image for 523 Kaikoo St 32 of 33 Listing Image for 523 Kaikoo St 33 of 33

$1,188,000

Wailuku

523 Kaikoo St, Wailuku

0 Beds 0 Baths 0 SqFt Land MLS® # 410662

Days on Market: 17

Keller Williams Realty Maui-Ka Cell: 808-276-6473

Short Term Rental
Listing Image for 130 Kai Malina Pkwy Sr236 1 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 2 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 3 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 4 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 5 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 6 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 7 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 8 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 9 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 10 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 11 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 12 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 13 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 14 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 15 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 16 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 17 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 18 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 19 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 20 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 21 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 22 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 23 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 24 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 25 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 26 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 27 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 28 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 29 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 30 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 31 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 32 of 33 Listing Image for 130 Kai Malina Pkwy Sr236 33 of 33

$2,195,000

Honua Kai - Hoku Lani SR236

130 Kai Malina Pkwy Sr236, Kaanapali

2 Beds 2 Baths 1,240 SqFt Residential MLS® # 410661

Days on Market: 16

KBM Hawaii

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The Number of Transient Vacation Rentals on Maui Is Now Legally Capped

Maui County Adopts Bill 159

Effectively, Bill 159 caps the number of transient vacation rentals (TVRs) on Maui at the number that were existing prior to January 7th, 2022. We also call these short-term rentable units, of which approximately 16,000 currently exist on Maui. A TVR is defined as any rental of a housing unit for less than 180 days. 

While TVR use is already prohibited outside of hotel districts by Maui County Code Chapter 19.37, there exists a permitting process to operate outside of the hotel districts. The Minatoya opinion, originally adopted in 2001, established which condo associations on Maui can legally operate short-term rentals in apartment-zoned properties.

These complexes will continue to be allowed to offer transient accommodations and be legally rented as TVRs. The bill also specifically allows for existing TVRs built before the January 7th, 2022 date to renovate as long no new TVR units are added in the complex. Relating to hotel development, new construction will be allowed as long as they are built landward of what would be 3.2 feet of sea level rise expected to happen in the next 50 years. 

 

 

Clearing The Confusion For Short Term Condo Owners

Bill 159 Maui County Planning Meeting

The Planning and Sustainable Land Use Committee took testimony from the public and discussed Bill 159 on October 20th, 2022. During the testimony, it was obvious that the impacts on owners of short-term rentable condos were unclear to many. It’s unfortunate that the council does not use the testimony time to answer the serious questions raised by the bill and several council members seem to be arrogantly dismissive of legitimate concerns by property owners. I can see where that could consume a lot of extra time, but I think many of the testifiers wouldn’t have needed to make a statement had the council addressed their concerns earlier in the meeting. 

Several property owners on Maui and even clients of mine gave testimony during the meeting. The main concern we have is that Bill 159 could have prohibited the future use of a condo as a transient vacation rental in a previously approved short-term rentable condo complex that had not been actively used as a vacation rental prior to the January 7, 2022 date.  

Fortunately, Maui County Planning Director Michele McLean was able to address this concern specifically around the 2 hour 39 minute mark of the meeting when she said “

“The way that the bill reads now, you have the existing language that allows vacation rental use, under the “Minoytoya ordinances” the new language says the number of units allowed for TVR use may not increase beyond those allowed for such use as of January 7th, 2022…So, if you have an apartment or condo complex that has 100 units and 75 of those units are doing TVR use, we consider the other 25 units also allowed to do TVR use even if they are not exercising it. And this language says the number of units and rooms allowed may not increase, so you can’t add more units (to the complex), but the 25 units could start if they wanted to.”

Whew. That’s a relief. While I am personally in support of Maui managing its tourism industry with consideration given to the environment and the local population, the County needs to carefully consider its economic impact on the community and its property owners. Bill 159 was heavily debated between the public and the council and was heavily amended since its introduction by Vice Chair Keani Rawlins-Fernandez. 

What Does Bill 159 Mean For the Island and Investors?

Short Term Rental Condos Affected By Bill 159

I think the debate was productive and the final result is a net positive for Maui, it’s also great for short-term rentable property owners who have the reassurance of limited supply for these units in the future which will certainly help property values rise. Bill 159 could have had a bigger impact against the development of new hotel rooms, but it ultimately succeeded by enforcing a ban against the development of new TVRs while establishing slightly stricter guidelines for hotel development.

After some revision, Bill 159 also provided guidance on the allowed usage of recreational vehicles and camper vans and limited their use to designated areas such as the Haleakala National Park in Kipahulu and Olowalu Campground. 

Maui Is a Place For Balance

Royal Mauian Condo in South Maui

Maui is a place that attracts visitors from all over the world and many of our visitors end up purchasing property on the island, in the form of moving here to buy a primary residence, buying a second home, or buying TVR as an investment. What they love about the island are the same things local residents love about it.

The beauty, the beaches, and the island life. These transient vacation rentals generate significant tax income for the County to use for infrastructure improvements along with environmental protection initiatives. Balancing the economic needs of locals needing jobs provided by tourism with how we care for the land is extremely important. If you have any questions about Bill 159 or other related Maui County Planning Department questions, I would be happy to do my best to answer them or to connect you with the right person to speak with. 

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Evan Harlow Maui

Evan Harlow ranks among the best real estate agents on Maui annually and is in the top 1% of Coldwell Banker agents worldwide in production. Evan has the expertise, experience, and work ethic to help you achieve your real estate buying and selling goals. We promise exceptional service and support from the beginning of the process through closing and beyond. See what Evan's clients are saying on Google.

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