New Kauai Vacation Rental Law-Ordinance No.864

Download a copy of this new law regulating vacation rentals in Kauai by clicking here.
You can also view a simplified "short" version of this ordinance's requirements to apply & obtain a Kauai vacation rental permit (NCUC Permit) by clicking on the following link
PDF presentation by Jonathan Chun, Kauai lawyer.

Here's the short of it:
A. All vacation rentals outside the Visitor Destination areas
(VDA maps) must apply for a NCUC permit by October 15, 2008.
B. NCUC must be obtained no later than March 30, 2009.

1. Vacation Rental must be a legal use (Planning Department is requesting plot & floor plans to determine violations, and ordering inspections of the TVR properties).
2. Use as a TVR on an “on-going” basis
3. Must comply with all land use laws
4. “Guidelines”:
GET Tax records
TAT Tax records
Proof of Deposits
Had paying guests




Applications by vacation rental owners on AG land will NOT be accepted, unless the TVR was build prior to 1976, or the owner has in his possession a Special Permit under HRS, Section 205.6 (prior to the effective date of this ordinance.)

Failure to obtain a non conforming use certificate (NCUC) by March 30, 2009 will mean that the vacation rental is an unlawful use, and therefore illegal.

If granted NCUC owner MUST renew every July with supporting tax payment documentation. If TVR property is not rented for 30 days or more the County will presume Abandonment of use.

Renewal fee for NCUC permit will be $150 annually.
Development Standards for Vacation Rentals.

NUCU Application Form (click on the link, fill in the form, print out, and take to the Kauai Planning Department to apply.

"For The Comfort of You & Your Neighbors" County Required Form to be displayed inside your vacation rental.

Please read the actual Ordinance itself. KAVA can not be held responsible for missing or incorrect information.


Watch an excerpt from the June 13, 2007
Kauai County Council Meeting, by clicking
on the picture below...

Video of Council Meeting
Click on the above picture to watch the video, but
please be patient - it might take a minute to load...



Visitors to Kauai are actively seeking alternatives to resort and hotel experiences and our members offer a broad range of accommodation choices. From quaint tropical cottages to exquisitely decorated homes - our members offer what visitors are looking for: A unique tropical experience that often offers a glimpse into what it's like to be a local.

W
e believe that the United States is based on the principle of a free market, and that any tax-paying small business should be able to operate without government interference or the threat to be closed down by county ordinance. We have established that there is a demand for alternative vacation lodging choices (it's actually 30% of all rooms occupied in Kauai), and we are proud to provide this service.





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Welcome to the official KAVA Association website.
KAVA was created from the need to join together all forms of alternative vacation lodging operations on Kauai to ensure that these options will in the future be available to visitors to Kauai, and that operating any of those forms of visitor accommodation will remain legal to anyone who is providing this service. As KAVA is a Vacation Rental Association anyone owning vacation rental property on Kauai can join; it doesn't matter if your property is located in a VDA (Visitor Destination Area), or zoned Residential, Agricultural or Open/Rural. Membership







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LEGAL OPINIONS


KAVA is a proud member of the following organizations:
Kauai Chamber of Commerce
Kauai Planning & Action Alliance, Inc.