Vacation rental on Oahu Hawaii | 15 days -/+

[Laine Furukawa]

Hi,

I've recently read this:

"I commend property managers who creatively book homes for less than 30 days each month. Some people interpret the law that vacation rentals are prohibited if a client rents less than one full month. Many homeowner associations prohibit residents from renting out their houses or condos for less than one month, three months, or six months, but did you know that you do not have to rent out your home for the full 30 days to comply?

The law states that as long as you leave a 30-day window, you’re okay. So, unless your association specifically states you cannot have short-term tenants less than one month, you can rent your home for a short amount of time during a 30 day period. You can get around the short-term rental rules by making sure you don’t rent out 15 days before, or 15 days after your contract."

The context of the article is specific to Hawaii laws on short-term vacation rentals.  I also understand that I probably shouldn't believe everything I read on the internet and it would best serve me to consult the specific department (Land Use Ordinance) or a lawyer.

With that said, I'm still trying to wrap my head around this "15 days before or 15 days after" thing. I've seen airbnb listings post 14 night minimums and wondered how or why (assumed it was illegal as the other 95% of airbnb listings on Oahu).  If I'm getting this right, it's more on the assumption of a period or window of days rather than a specific amount of days rented.  So, if I rented 15 days and blocked off the next 15 days from being rented, then technically that would fulfill the 30 day period, but what if they rented, say, 20 days?  Would I just block off 10 more from being rented to make the 30 day period or would I still need to block another 15 days?  Has anyone heard of this?  Is this even legal?

Lastly, I understand the other factors that come into play with running a vacation rental legally in Hawaii.  GET, TAT, non-conforming use certificate (which hasn't been issued since 1989 but are transferrable through sale), permits needed for 30 days or less (TVU, BB, condotel, etc.), transient considered if less than 180 days.  I've done my due diligence and it's not to say that I'm going to do it.  I'm simply curious to this specific "hack" and if anyone has experience with this or can further elaborate on it.  Thank you in advance for your time!

Aloha,

Laine