Guests ask us about this a lot, usually after reading a headline about Maui "banning" vacation rentals. The short answer: Bill 9 applies to apartment-zoned buildings, and Makena Surf has always been hotel-zoned. Nothing about the law changes whether you can stay at F307 Honu, now or after the deadlines. Here is the longer story.
How Bill 9 came about
The August 2023 wildfires destroyed most of Lahaina and left thousands of Maui families without homes. Maui already had a housing shortage, and the fires turned it into a crisis. Attention quickly turned to the island's vacation rentals.
About 7,000 condos in Maui's apartment-zoned buildings have been rented to visitors for decades. They were allowed under a long-standing county exemption known as the Minatoya list. Most are in West Maui and in Kihei. In 2024 the state legislature gave the counties clear power to phase out vacation rentals, and in May 2024 Mayor Richard Bissen proposed Bill 9 to end short-term rentals in Maui's apartment districts. The idea was to move those units back into long-term housing for residents.
The bill was debated for more than a year, with packed hearings on both sides. The County Council passed it 5–3, and Mayor Bissen signed it on December 15, 2025. It is now Ordinance 5909.
What the law does
Bill 9 removes vacation rentals as an allowed use in apartment-zoned buildings, on two deadlines:
- West Maui (Lahaina, Kā'anapali, Kapalua and nearby): January 1, 2029
- The rest of Maui County, including Kihei and Ma'alaea: January 1, 2031
It does not apply to hotel- or resort-zoned properties, hotels, timeshares or bed-and-breakfasts.
Where things stand now
As of late October 2026, the law is in effect and the deadlines haven't moved.
- Lawsuits. Owners filed two challenges in Maui's Second Circuit Court in December 2025, one from Kā'anapali Royal owners and one seeking class-action status for all Minatoya-list owners. Both argue the phase-out takes their property without compensation. So far no court has blocked the law.
- A path for some buildings. In June 2026 the Council passed Bill 88, which created two new hotel districts, H-3 and H-4. Apartment-zoned buildings moved into them could keep renting to visitors. Each building still has to be rezoned one by one, through the Planning Commission and back to the Council.
- Rezoning so far. The first batch went to the Planning Commission this summer, and the commission recommended only 5 of 48 properties. On September 29 the Council sent another 32 shoreline complexes in Ma'alaea, Kihei and West Maui for review. None has actually been rezoned yet.
That leaves many Kihei and West Maui owners, and their future guests, not knowing whether those condos can still be rented after the deadline.
Why Makena Surf isn't part of it
Makena Surf is zoned for hotel use (H-M), and has been since it was built. Bill 9 only applies to apartment districts, so it doesn't apply here. Makena Surf isn't on the Minatoya list and doesn't need rezoning. Renting to visitors is simply an allowed use.
For you, that means you can book F307 Honu for 2029, 2031 or any year after with the same confidence as next month. Our Hawaii tax ID is at the bottom of every page, and the taxes you pay go to the state and county like any hotel stay.
If you're booking somewhere else on Maui
For a stay in 2029 or later, especially a condo in West Maui or Kihei, ask the owner how the building is zoned. "Hotel" or "resort" zoning is safe from Bill 9. "Apartment" zoning means the rental depends on that building being rezoned. The Wailea and Makena resort areas are mostly hotel- or resort-zoned, but it's worth asking anywhere.
Questions about any of this? Ask us. We live on Maui and follow it closely.