Bill 88 and Ordinance 6008: How Maui Condos Apply to Keep Renting

What is Bill 88, in plain terms?

Bill 88 was introduced by South Maui Council Member Tom Cook as a response to Bill 9’s phase-out of short-term rentals in apartment-zoned condominiums. It creates two new zoning classifications, H-3 and H-4, which mirror the existing A-1 and A-2 apartment districts in almost every respect but add one crucial right: the ability to conduct short-term rentals.

It passed its second and final reading before the full County Council on June 19, 2026 by a 7-2 vote and was enacted as Ordinance 6008.

Why “Bill 88 is the exemption list” is wrong

I want to address this directly, because I hear it constantly and it leads owners to relax when they should be acting.

There is no list of condos that Bill 88 spares. The ordinance does not rezone a single property on its own. As Maui Real Estate Advisors put it in their 2026 analysis, impacted condos would still need to apply to rezone to H-3 or H-4. What Bill 88 built is a legal framework. Walking through it is up to each individual building, through the county’s established review process, with no guarantee at the end.

So the correct question is not “is my building on the list.” It is “has my association applied, and where in the process are we.”

How the rezoning waves are progressing

Rather than processing hundreds of buildings at once, the county is moving in batches. On July 6, 2026, the Housing and Land Use Committee approved the first wave.

Source: Maui Property, August 2026.

For South Maui owners, Wailea Ekahi appearing in Wave 1 is the headline. It signals that established, well-organised resort-district associations are the ones moving first, which is what you would expect: they have the governance and the documentation to move quickly.

What if your building is not in a wave?

Then, as of today, nothing is happening on your behalf. That is not a reason to panic, but it is a reason to make one phone call.

Being in a later wave is not a disadvantage in itself. The published guidance for unassigned properties is essentially to exercise strategic patience and use the time to prepare, working with your HOA board to assemble the documentation a future application will require. Buildings that arrive prepared will move faster than buildings that start from scratch.

There is also no published application deadline for later waves. That is a double-edged fact: it removes immediate time pressure, and it removes the forcing function that would otherwise get a board organised. In my experience the associations that will do well here are the ones treating this as a live project in 2026 rather than a 2029 problem.

What buyers should be asking

If you are considering an apartment-zoned condo where the rental income matters to you, the due diligence has changed. Three questions now sit ahead of almost everything else:

1. What is this building’s current zoning, on the county record?
2. Has the association applied for H-3 or H-4 rezoning, and if so, where is that application? Wave 1 in Planning Commission review is a materially different position from not yet filed.
3. What has the board actually resolved? Board minutes tell you more than a listing remark ever will.

A building in Wave 1 and a building with no application are two different assets, even if the units look identical and sit a few hundred metres apart.

Frequently asked questions

Is Bill 88 law?

Yes. It passed its final reading on June 19, 2026 by a 7-2 vote and was enacted as Ordinance 6008.

Does Bill 88 mean my condo can keep renting short-term?

Only if your building applies for H-3 or H-4 zoning and that application succeeds. The ordinance creates the pathway. It does not rezone anything by itself, and there is no automatic protection.

Which properties are in the first wave?

Wave 1 covers Resolution 26-110, roughly 35 to 40 complexes including timeshares and leaseholds, and Resolution 26-111, which covers high-density resort complexes including Kamaole Sands, Wailea Ekahi and Papakea.

What is the difference between H-3, H-4 and A-1, A-2 zoning?

H-3 and H-4 were written to mirror the A-1 and A-2 apartment districts closely. The meaningful difference is that the H districts carry the right to conduct short-term rentals, which is precisely what Bill 9 removes from apartment zoning.

Is there a deadline to apply?

No application deadline for later waves has been published. The practical deadlines that matter are Bill 9’s sunset dates: January 1, 2029 for West Maui and January 1, 2031 for the rest of the county.

Related guides

• Maui Bill 9 Explained: What the Vacation-Rental Phase-Out Means for Owners
• What It Really Costs to Own a Home on Maui
• Fee Simple vs Leasehold in Hawaii
• Capital Gains, HARPTA and 1031 Exchanges: A Maui Seller’s Tax Guide

This article explains publicly available county legislation and is general information, not legal or tax advice. Zoning and rezoning status change as applications move through review. The wave assignments above reflect the position as of August 2026. Confirm your building’s current status with the County of Maui before relying on it.

Chelsea Dimin