Maui Commission Kills Exemptions: 6,100 Vacation Rentals Face Phase-Out

The Maui Planning Commission has slammed the door on vacation rental owners hoping to escape the island's landmark short-term rental ban. In a 6-2 vote on September 23, 2026, the nine-member commission recommended denying exemptions for all but five properties, covering a combined 397 units, out of a proposed list of 48 properties and 3,402 units that the County Council had put forward for relief. For the roughly 6,100 Minatoya List vacation rental units on Maui, the message is now unmistakable: the phase-out is real, it is coming, and the commission is not in the business of carving out exceptions.

What Just Happened

The commission spent nearly five hours hearing public testimony before deliberating for close to four hours on two County Council resolutions that proposed rezoning 48 properties to newly created hotel zoning categories in order to shield them from the ban. The underlying ordinance, known as Bill 9, was adopted in December and targets Minatoya List properties, a class of roughly 7,200 condo units approved before 1989 in apartment zoning districts that were grandfathered for vacation use. County officials had already excluded a significant share of units from Bill 9 before this vote, because those units were approved as timeshares, held zoning variances, or qualified for other reasons. The 48 properties on the exemption list represented a second attempt to carve out additional relief.

The commission was not persuaded. Commissioners said that for properties the Council and Planning Department described as operating like hotels, they needed more objective standards than the presence of a staffed front desk, housekeeping service, or other staff. The majority endorsed exemptions only for properties with existing county variances and those where all units are timeshares, plus one property recognized as a functioning hotel.

The Five That Made It Through

The commission recommended exemptions for only five properties. Two have county variances allowing continued vacation rental use: the 262-unit Hale Kaanapali and the 30-unit Kuau Plaza. Two are fully timeshare properties: the 58-unit Maui Schooner and the 28-unit Hono Koa. The fifth is the 19-unit Hana Kai Maui in Hana, recognized as a hotel. Every other property on the list, including large complexes like the 440-unit Kamaole Sands in Kihei and the 364-unit Papakea complex in Kaanapali, was denied.

The Deadlines That Now Matter

Bill 9 sets two hard phase-out dates. Vacation rental use in West Maui must end by Dec. 31, 2028. South Maui units get a slightly longer runway, with the ban taking effect Dec. 31, 2030. Those dates are not hypothetical. The commission's refusal to grant broad exemptions signals that enforcement will follow the ordinance as written. Planning officer Greg Pfost also warned commissioners that more exemption requests could be coming, including for 32 properties near the shoreline and others where owners seek rezoning, meaning the commission may face this fight again.

What This Means for Hosts

If you own a Minatoya List property that is not a timeshare, does not hold a county variance, and was not among the five properties that won commission support, you are on the clock. The County Council can still override the commission's recommendation and approve exemptions by a two-thirds vote, so the political fight is not entirely over. But the commission's lopsided vote sends a strong signal about where the regulatory wind is blowing.

Public testimony at the hearing was sharply divided. Housing advocates argued that the ban is essential for fire survivors still displaced by the 2023 Lahaina wildfire, which destroyed close to 5,500 homes. One speaker told commissioners that hundreds of fire survivors are still living in state and FEMA housing and that housing support ends in less than six months. Owners on the exemption list countered that many of their properties were never conventional apartments and were purchased specifically for visitor use. The commission sided overwhelmingly with the housing advocates.

What Hosts Should Do Now

• Confirm whether your property is on the Minatoya List and whether it holds a county variance or timeshare designation that may already exclude it from Bill 9.
• Track the County Council's next move. A two-thirds council vote could still override the commission's denial, but that is an uphill path given the commission's strong recommendation.
• Watch for the 32 shoreline-adjacent properties that Pfost flagged as potential future exemption candidates. If your property is near the coast, it may be part of a future council resolution.
• Begin planning for conversion or exit well before the West Maui deadline of Dec. 31, 2028, and the South Maui deadline of Dec. 31, 2030. Waiting until the final year will compress your options.

For the complete Maui compliance guide including tax calculator, checklist, and daily monitoring, see Maui, HI STR Regulations.