November 04, 2005

The self-serving study commissioned by the Maui Board of Realtors found there were only a little over 800 vacation rentals on Maui. County Council member Charmaine Tavares says the County accepted the $6,000 study so they would have current numbers to use when two vacation rental ordinances are taken up by the Planning Commission she chairs Nov. 14.
She says if the County would have conducted their own study, it would have taken far longer, since it would have been subject to bidding.
Since there already was a state commissioned survey earlier this year, we question why the County wouldn’t use that study or do their own count if they needed new numbers. Since neither the state nor the realtors’ study were conducted by physically examining vacation rentals, it is likely one overstated and one understated the count. The illegal nature of vacation rentals makes it hard for authorities to actually locate them without serious undercover work, so both studies relied extensively on internet searches.
We also question Mayor Alan Arakawa’s decision not to enforce vacation rental laws currently on the books. Currently there are no legal vacation rentals on Maui, all are non-permitted uses. There are a couple hundred bed and breakfast rentals that have played by the rules and are permitted.
This wink and a nod method of regulation is similar to what former Mayor Kimo Apana did when his Planning Director agreed to allow the Montana Beach condo houses on Baldwin Beach to proceed. When the public balked and the permits were rescinded, the resulting lawsuits cost the County millions of dollars.
The realtors association doesn’t disguise the fact that they favor property rights and want people to be able to legally use their properties for vacation rentals. Whenever vacation rentals are brought up, the noisy Maui Vacation Rental Association packs Council meetings with members who tout the dubious virtues of these illegal rentals.
No doubt when the Planning Committee takes up the matter Nov. 14, they will be back, talking about how they were able to achieve their Maui dream and how much they contribute to the Maui economy by not obeying the law.
Since the meeting will be held during the day, it will be hard for working people to attend and tell how they were kicked out of their rental home. Kicked out by owners who sold to someone who turned the place into a vacation rental so they could make more money on their investment. People who were displaced or are bothered by the constant traffic and noise from a troublesome vacation rental will likely be at work, unable to lose a day’s pay to attend the meeting.
And make no mistake, these are investments. Very few are owner occupied. If they were, they could be a legal bed and breakfast under current rules. The illegal vacation rentals are a way for people with a lot of money to make more.
There are two ordinances being considered by the Council. One of the biggest differences is owner occupancy. The MVRA wants owners to be able to hire someone to run their cash cow instead of living there themselves.
We urge anyone who opposes vacation rentals to submit written testimony if they can’t make the Nov. 14 meeting. It is time to reign in these scofflaws.