Kihei Bay Surf is a 118-unit condo property in Kihei on Maui’s south shore. It’s on Maui County’s list of apartment-zoned properties allowed to do vacation rentals, so Bill 9 ends nightly rentals there on January 1, 2031 unless the property is rezoned into a hotel district. It’s in the group of shoreline properties now waiting on the Planning Commission.
Kihei Bay Surf: Bill 9 status
Kihei, Maui · 118 units on the county list
Referred, awaiting commission- Vacation rental deadlineJanuary 1, 2031, unless the property is rezoned to a hotel district
- Hotel rezoningReferred for H-3/H-4 hotel zoning by Resolution 26-129 (adopted 5-4 on Sept. 29, 2026; shoreline/sea-level-rise exposure group).
- Planning CommissionPending before Maui Planning Commission (no hearing date found as of Oct. 28, 2026).
- County CouncilCouncil decides after the commission reports.
Last checked October 28, 2026. Confirm a specific unit's zoning with the County of Maui Department of Planning.
Where the rezoning stands
On Sept. 29, 2026, the County Council voted 5-4 to send 32 shoreline properties in Maalaea, Kihei and West Maui to the Planning Commission for possible H-3 or H-4 hotel zoning, under Resolution 26-129. Kihei Bay Surf is one of them. Most of each property sits in a sea level rise, flood or shoreline setback area.
The commission hasn’t scheduled a hearing yet that we can find. It has 120 days to act, and at least one council member has said it probably won’t meet that. Keep in mind that the 5-4 vote to refer these properties is one vote short of the six the Council would need if the commission recommends against them. Until there’s a decision, plan around the 2031 deadline.
What it means if you own a unit here
- If the property is rezoned to hotel: nightly rentals can continue under the hotel district rules, and the Bill 9 deadline no longer applies.
- If it isn’t: nightly rentals have to stop by January 1, 2031. After that you can live in the unit, rent it long-term (30 days or more) or sell it.
- Either way: run the long-term rental numbers now. If rent won’t cover the mortgage, HOA dues, insurance and property tax, that’s the decision you’re really facing, and it’s better to know before the deadline than after.
Buyers know about Bill 9 too. If you’re thinking about selling, it helps to know who’s buying at Kihei Bay Surf now and what they’re paying.
See the status of other buildings on our Maui Bill 9 building tracker, or read the full Bill 9 explainer.
Sources
- Apartment district properties allowed to be used for short-term occupancy, County of Maui list dated April 27, 2022 (copy hosted by mauirealestate.com)
- Maui Council passes Bill 9, 5-3, on second and final reading, Maui Now, Dec. 15, 2025
- New hotel zoning for vacation rentals passes Maui Council on final vote, 7-2, Maui Now, June 22, 2026
- Maui Council refers 32 shoreline condo complexes for hotel rezoning, Maui Now, Sept. 30, 2026
General information as of October 2026, not legal or tax advice. Zoning decisions and court cases are ongoing. Confirm the status of a specific unit with the County of Maui Department of Planning and your own attorney.