Maui County, HI HOA Rules: CC&R Enforcement (2026)

030(J) requires a short-term rental home applicant to give the Department of Planning copies of any homeowner or condominium association bylaws or rules and any other private conditions, covenants, or restrictions on the property. 030(N)(1) explains why: that paperwork is used only to help the department gauge the character of the neighborhood before deciding whether a permit fits the area, not to give the association a veto. The same subsection states directly that the director and the planning commissions are not bound by any private conditions, covenants, or restrictions on the parcel, and that any such limitations may be enforced against the property owner only through appropriate civil action, meaning the HOA's own lawsuit in circuit court, not a county permit denial.

If no association or governing entity exists for the property, the correspondence requirement simply does not apply. 030(I), so the rule is consistent across both of the county's vacation-rental permit types: a subdivision's CC&Rs can be relevant evidence of neighborhood character during permit review, and a homeowner may still face a private lawsuit from the association for violating a deed restriction, but the county itself treats permit eligibility as a separate track from private covenant enforcement.