Maui B&B Status Re: Licensure & Shutdowns (Kihei: 2009, rentals)

[Pilgrim21784]

I just noted that the Maui Vacation Rental Association lost their appeal to stay the closure of all B&Bs & TVRs (Temporary Vacation Rentals) that don't have a license. My understanding is that the number of Maui B&B/TVRs is on the order of about 1,000, with less than 100 licensed. Is the county really shutting down all those operations? (Including my favorite B&Bs) That has got to be a major downer, especially in the current tourist decline. What is the county thinking? (Especially since previous administrations agreed to not shut them down while they applied for a license.)

[hotzcatz]

It is probably the legal B & B's or existing hotels desperately fighting for the remaining tourists. There aren't enough to go around to keep everyone in business so the legal lodging folks are using whatever clout they can to get what remaining tourists there are.

[whynot?]

Here's a link to the Maui News story from 12/11 about the court decision: Vacation rental appeal denied - News, Sports, Visitor's Information - The Maui News

My guess is that some people will continue to flout the current law and the county will straggle along, selectively enforcing it and limping toward the new rules and licensing process. This has been a mess, it seems, for everyone on all sides of the issue. Truly painful to watch neighbors going after each other and the county council wallowing in aphorisms when they should have been leading.

[Pilgrim21784]

whynot: thanks for the link.
hotzcatz: my understanding is that the hotel & licensed B&B folks have been very supportive of the MVRA position. They feel that there is enough business to go around. The incomprehensible situation is why the Maui government can't get the license business done efficiently and without shutting down existing businesses.
We decided to cancel our planned month long Hawaii trip in 09 since we didn't want to risk the financial commitments with B&Bs that may not be in business given the current situation. It's very sad that the Maui government can't get their act together. We're going to spend our tourist dollars in Costa Rica and Portugal in 2009 since we simply don't want the potential hassle the current situation presents us. Hawaii is a very special place and we sincerely love to visit (don't want to live there, don't need to take a local job from someone, we are just friendly, respectful and appreciative tourists) but the current situation on Maui is simply dumb. Somebody in Maui government needs to get their act together or they are going to kill an already poor tourist environment.

[whynot?]

I am not really taking a side on this matter -- we live within the Kaanapali resort area, and the house next door is a legal rental. We have had no issues with it. I am certainly not defending the mayor and council -- but I think the problems are interlaced:

1) a large number of the current/former B&Bs are in neighborhoods that are not zoned for resorts (a key zoning issue for temporary vacation rentals -- TVRs),

2) many of the neighbors that do not rent out their homes do not want the traffic/in-and-out/noise and other side effects of TVRs and do not want TVRs in their neighborhoods,

3) many people who bought houses in these neigborhoods over the past several years bought them counting on renting them out (legally or "illegally" with the former mayor's non-enforcement) to make their mortgage payments, and with the mortgage crisis and the downturn in the economy, these people are suffering a double-whammy pinch even without the current mayor's and council's dithering, and

4) in addition to the county government's seeming inability to either enforce the existing law or implement a fair and reasonable process, the state law does not clearly define B&B v. inn v. other type of TVR. Many states require that a "B&B" provide certain amenities (in addition to the literal "bed and breakfast," they might require that the bedrooms be either in the main residence or on contiguous property) and that an "inn" have a minimum number of rooms and an on-premises restaurant that serves at least one non-breakfast meal per day (or some set number of days -- or meals -- per week). It's my understanding that previously in Maui County, one could advertise and rent using any nomenclature they chose. I know there were cottages on Moloka`i that advertised as "bed & breakfast" for which someone literally dropped off a basket with a pack of ground coffee, a couple of muffins and whatever fruit was falling off the trees the afternoon before. (Selfishly, we particularly miss the quirky Moloka`i house rentals -- always an adventure, always full of memories.)

This is a sad example of economics and aesthetics pitting neighbor against neighbor -- sometimes permanent residents who disagree (but in some cases absentee owners, who are not there to manage or witness what goes on in their rental properties). On the other hand, the county government's alternating policies of total authoritarian shutdown and cowardly bureaucratic piddling around are stunning reminders of why the state gets such low marks for being business-friendly. As always, the "truth" is somewhere in between, but many earnest would-be local business owners and many people who enjoy casual rentals v. resort hotel/condo stays are being affected.

I'm particularly sorry to hear you've cancelled your trip altogether. Maui needs the business and the positive PR. There are many "legal" rentals available in addition to the mass hotel/condo options -- but they are mostly limited to the resort areas. There are some incredible hotel/condo deals, some in this Star-Bulletin article from yesterday: Deals arise as occupancy drops - Hawaii News - Starbulletin.com

I know people on all sides of this, and I think it is embarrassing for a locality for which tourism is such a huge factor in the economy not to be able to resolve the issues with a reasonable licensing process and a modicum of noise/interference/risk enforcement. A little common sense would go a long way.

Please come back soon.

[Pilgrim21784]

whynot: your comments are greatly appreciated and an example of why we enjoy Maui and it's residents as "home base" so much for Hawaii excursions. Many thanks for the link. We're confirmed Maui "junkies" as it were, but can't comfortably risk the advance payments (perfectly reasonable in a stable situation) for our plans given the current environment, especially in the non-resort areas we prefer to frequent (and most of which are apparently non-licensed establishments") . I simply cannot understand why the Maui government doesn't move expeditiously on this issue as it is/will kill non-condo tourism. I fully appreciate the need and desirability of local oversight of B&Bs, etc. Good local enforcement of codes, etc. is certainly a positive requirement for any tourist based economy. As I said previously, we're retired, travel/tourism is our main hobby, we don't have any plans to take anyone's job or add to your congestion as a resident - we just just want to be respectful and appreciative tourists. We will indeed return as soon as Maui's government gets it's act together and resolves this issue. Until then, Aloha and may the wind be at your back.

[whynot?]

No! I totally understand! We just happen to live in resort-central (v. local-family-with-children central). This is just fraught with ugly politics! We have a very good friend (permanent resident in Lahaina) who owned a remote zoned-for-rental house in Haiku. The next door neighbors (permanent residents right there) "wanted" the house. So every time it was rented, they would call about "noise" or "excessive number of vehicles" or whatever. It was simply to drive him to sell.

On the other hand, there are family-oriented neighborhoods in Kihei -- especially -- but also Wailuku and other non-resort areas that are being driven NUTS by absentee owners who rent compound-type larger houses to people who party all night and drive ACTUAL residents insane.

This is a very touchy issue and a broad-brush solution doesn't seem appropriate. The government's wussiness, however, is dismaying. These are real issues for day-to-day live AND the economy. A paralytic "official" response is not a reasonable solution.

Please come back when you can.

[Pilgrim21784]

I can fully appreciate the need for strict adherence to appropriate conduct in rental environments, especially in residential areas. I'm the first to "bust chops" in my own neighborhood if people do not conduct themselves appropriately and with respect to others in the area. (e.g. - exceed the speed limit on my street: once, I note it, twice - I mark you down, 3rd time - I'll flag you down and explain how sensitive crazy Viet Nam Marine combat veterans are about loud noises, racing cars engines, etc. and advise that's not a healthy thing to do and if they hit my dog or one of my kids (actually a misstatement, my kids are long gone) that I will personally tear their throats out. It has worked for 25 years (I'm also good buddies with my local police chief). I realize that some visitors in residential areas are a serious nuisance and should be dealt with accordingly; but must defend myself (w/spouse) who simply want a large selection of B&Bs and the opportunity to quietly reside in non-resort areas and enjoy the locality without ever being noticed. Conduct enforcement by local police is the only answer to miscreant behavior, however I suggest that the majority of tourists (especially the retirement contingent) should pose no problem in any residential neighborhood. I appreciate that Maui has a problem in the conduct of some vacation renters, not unlike the conduct of any transient population. However, it's illogical for the county government to shut dow so many businesses and deny the potential visitor the option of enjoying the ambience of some many fine, but as yet unlicensed abodes.

[whynot?]

Okay, I think "secretly" part of the problem is really large "compound-type" rentals near beaches -- in otherwise long-time local, sensible neighborhoods -- that are prime rentals for, ummmm, "celebrities" where nobody (county government) wants to offend the off-island owners. Sadly, Maui has degraded the concept of "celebrity" from A-list down to about D-list-with-money. We are supposed to be "proud" to host people with "names" whether they are good neighbors or not. You know, because "notoritety" sells. Except they come with their entourages and stay up late -- making noise at their rental houses because Maui has next-to-no "nightlife." I'm old, but it's kind of pathetic. There, I've said it.

[Pilgrim21784]

whynot: I'd have to agree about the "compound" rentals, but we've never been in that environment. Hopefully the local cops can enforce a modicum of decent conduct, otherwise I'd be voting with the local residents to ban residential B&Bs/TVRs if I lived there. Maui's charm for us has moved to upcountry areas in small towns/out lying areas which don't have those problems. I hope Maui resolves the license problems ASAP as we would certainly look forward to returning as soon as possible.

As to being old, mia amigo, its a state of mind. I'm enjoying a rebirth of teenage enthusiasm since I retired 2 years ago. We will all meet the Maker at some point, until then, enjoy the ride. I would enjoy buying you lunch or dinner on our next visit if that is agreeable to you. Thank you for your input and stay well.
Regards, Tom