What Is the Minatoya List?

If you're looking to purchase property on Maui, you may have heard about the Minatoya List. But what exactly is it, and why is it so important for owners, prospective buyers, and real estate professionals?

The Minatoya List refers to a list of condominium properties on Maui that are considered legally eligible to operate short-term vacation rentals (STVRs), even though they are located in apartment-zoned areas rather than resort or hotel-zoned areas.

Origin of the Minatoya List

The list is named after Richard Minatoya, a former Maui County Deputy Corporation Counsel. In the early 2000s, he issued a legal opinion stating that certain condo properties which had been operating as STVRs legally prior to 1989 should remain legal in spite of their zoning.

To qualify for the exemption, an apartment-zoned complex needs to have received a building permit, SMA use permit, or PUD approval prior to April 20th, 1989. Furthermore, the complex needs to have consistently allowed vacation rentals without a break of more than a year.

As a result of that opinion, the county grandfathered approximately 7,100 units in complexes that had a documented history of short-term rental use, and specifically complexes where the original development plan allowed for some short-term rentals.

These properties were deemed legal but non-conforming, meaning they did not require new zoning to continue operating as vacation rentals. This list became known as the Minatoya List, and it continues to play a significant role in Maui’s real estate market today.

You can read the actual Maui county code here: Chapter 19.12.020 of the Maui County Code.

Why the Minatoya List Is Important

In Maui County, short-term rentals (less than 180 days) are typically only permitted in:

Hotel or resort-zoned areas
Properties with a B&B license, valid short-term rental license, or hotel permit
Apartment-zoned areas with Minatoya List designation

Properties on the Minatoya List allowed buyers an opportunity to legally own and operate a vacation rental without the need to rezone. This made them attractive for investors looking for income-producing real estate on Maui that they could use themselves then they were visiting.

It’s important to note that being on the list does not mean the unit is automatically licensed for short-term rental use. The individual unit must still be compliant with other zoning regulations, tax status (classified as transient accommodation), get a STVR and business license, and comply with HOA rules.

Also, some condo HOAs (like Wailea Point) prohibit STVRs, even if the complex is zoned as Hotel or Resort, or is on the Minatoya List. Make sure your agent knows the difference and is up on the newest rules and regulations in any complex where you are considering a purchase.

County Efforts to Phase Out Short-Term Rentals

In recent years, Maui County officials, particularly Mayor Richard Bissen, have proposed legislation and policy changes aimed at reducing the number of short-term rentals in non-resort areas, including those on the Minatoya List.

The goal is to convert these properties back into long-term housing or make them available for owner-occupant use, especially in response to the price increases during Covid and the island’s housing crisis (and resident displacement) following the 2023 Lahaina wildfires.

In early 2024, the Maui County Council actively debated bills that would sunset short-term rental use in apartment districts, even for grandfathered properties. These proposals have generated spirited discussion from property owners, real estate professionals, and community housing advocates.

No final ordinances have been passed as of this writing, but the trend clearly shows a push toward limiting or eventually phasing out short-term rental use in some areas previously protected by the Minatoya designation.

In early 2025, Mayor Bissen stated that the original intent of each development would be reviewed, and if it was built as workforce housing (which approximately 2,000 units were), the county would attempt to rescind the Minatoya exemption, meaning that only long term and owner occupant uses would be permitted.

The Mayor also announced that non-workforce Minatoya complexes could apply for new hotel zoning, making them legal according to the letter of the law.

UPDATE July 2nd 2025

In June, 2025, the Maui County Council (MCC) started holding hearings for community and industry testimony regarding Bill 9, the proposal legislation to remove the Minatoya exemption from most apartment zoned properties.

Presently, all in-person testimony has been completed, however, the board is still open to submissions of written testimony and feedback on this vote. They were supposed to vote on July 2 regarding ratification, but tabled the bill for another two weeks.

Prospective buyers, sellers, residents, and industry professionals are encouraged to return to this page to stay up to date on evolving policy changes, short-term rental status may shift in the coming weeks and months.

Should You Buy A Minatoya List Property?

The answer depends on what you want to do with it...

One one hand, many Minatoya properties are pretty good deals right now as they may lose their exempted status. Even if the complex is spared and becomes eligible for rezoning, that process can be lengthy and expensive, and there is no guarantee that rezoning will be approved.

If you want to use the property yourself, either to live in or for family use, and you don't need rental income to qualify for a mortgage, a Minatoya property may be perfect for you. Prices are down and there's a lot of inventory due to the uncertainty.

Minatoya List Alternatives

However, if rental income is important, we recommend you purchase a condo in a Hotel or Resort zoned area, like Maui Banyan, Wailea Elua, Honua Kai, or other complex where short term rentals are legally allowed by both the zoning and the HOA.

A good first step is to visit the Maui Property Experts Web site.

Understanding Maui’s Minatoya List: What It Is and Why It Matters