Aloha WB Owners,
The owner of a unit is fully and solely responsible for fulfilling all requirements of short-term rental registration, and for following all pertinent rules and laws.
The Waikiki Banyan AOAO is prohibited from giving legal or financial advice. The following information, while it represents our best efforts to be timely, helpful, and accurate, cannot be guaranteed and must be used at your own risk. The Waikiki Banyan AOAO assumes no liability under any legal theory whatsoever for returned or denied registrations or for any damages of any sort, whether direct, indirect, consequential, special, or otherwise, arising out of the use of this information, even if we have been advised of the possibility of such damages.
General Information:
** How to Register
Registration takes place on-line at the City & County of Honolulu registration site at:
Short-Term Rentals (honolulu.gov)
Especially important for Banyan owners:
- A smoke detector and CO2 detector are required in each room in which sleeping accommodations are provided, plus hallways. The Banyan originally provided a smoke detector (but not a CO2 detector in the living room. The owner will need to replace and/or install additional detectors that are rated for smoke/CO2 as necessary to be in compliance. ** However please DO NOT TOUCH OR MODIFY THE LOUDSPEAKER in your unit as this will cause a general alarm and result in a $500 fine plus repair costs
- Occupancy is limited to four (4) adults, two in the bedroom and two in the living room.
- Please note the requirements for guest registration, record-keeping, and providing the informational binder as discussed above.
- Please note limitations on gathering size.
We are not aware of any option for registration other than on-line.
Step by step instructions and other information are found at that site and is also repeated here. The C&C site will always have the latest information and is the one upon which to rely.
* Required Documentation
** Title report: This is provided by the owner. Your agent or realtor can probably help.
** State of Hawaii General Excise Tax License: This is provided by the owner.
** City and County of Honolulu and State Transient Accommodations Tax License: This is provided by the owner. Note that these are separate licenses.
** Written confirmation of approval from association The AOAO has provided this on-line (see below) and you may use this in your submittal.
** Proof of $1,000,000 in commercial general liability insurance: This is provided by the owner.
** Informational binder.
- Floor plan showing the location of the transient vacation unit or bed and breakfast home, maximum occupancy of each bedroom, and the location of all fire exits.
Floor plans showing fire exits are available on this website and may be used as a template. The maximum occupancy of the sleeping rooms is two adults, as dictated by the City.
Waikiki Banyan Fire Exit Plan March 2023 T1 Waikiki Banyan Fire Exit Plan March 2023 T2
- This requirement is not applicable to the Waikiki Banyan.
iii. For bed and breakfast homes or transient vacation units located in a multifamily dwelling, a parking plan identifying the location and number of parking stalls within the multifamily dwelling that may be used by persons associated with the bed and breakfast home or transient vacation unit, the parking plan may be provided in narrative form without illustrations or graphics.
We have provided a statement about our parking plan, together with a drawing, on this website.
Short-Term Rental Parking Plan:
Parking for short-term renters is provided in the on-site parking structure on floors 2 through 5. A parking pass is required. Each short-term rental unit owner has one parking pass and at the option of the owner or rental agent this pass may be provided to the short-term renter. Alternatively, the renter may pay for daily parking privileges. There are no reserved parking places, but the garage has 932 parking places, a sufficient number to accommodate short-term renters.
- Instructions for trash collection and disposal, including the dates and times of scheduled trash collections;
The following statement may serve the purpose:
Trash disposals chutes are provided in trash rooms at the end of each floor. Trash chutes may be used seven days a week between 8 AM and 10 PM. Trash that does not go into the chutes is collected daily from trash rooms. The hour of collection is not fixed and depends upon the workload of the cleaning staff.
- The house rules stating quiet hours are between the hours of 10:00 p.m. and 7:00 a.m.;
Refer to the House Rules found on this website, which should be included in the information binder. The house rules prohibit disturbing noise at all hours, not just between 10 PM and 7 AM.
HouseRules_rev10.27.22. 5.18 change docx
- A list of emergency contacts, which must include a 24-hour telephone number for the owner or operator, 911 identified as emergency telephone number, and the website address for the Hawaii Emergency Management Agency.
The owner must provide this listing. We also suggest including the phone number for Waikiki Banyan Security, 808-972-7172.
The Hawaii Emergency Management website is currently Hawaii Emergency Management Agency
vii. A copy of the certificate of insurance: This is provided by the owner.
** Proof of $1,000,000 in commercial general liability insurance: We have had a report from an owner who increased his homeowner’s insurance to $1,000,000 but this was rejected by DPP. This is provided by the owner.
We have provided flood insurance and common area insurance documents on this site. 2223 Flood Policy & 2023-2024 Summary of Insurance (Revised)
viii. Copy of the general excise and transient accommodations tax licenses: These are provided by the owner.
- Copy of the registration certificate: This is provided by the owner when received.
We have also seen an additional requirement, not mentioned here, to prohibit on-street parking by transient residents. The AOAO cannot make such a prohibition, so if it is necessary, the owner will have to tell the renter that they can’t park on the street.
** Proof of not renting affordable housing: The C&C has provided a “Statement of Compliance” form which you may fill out and upload. Please read this statement carefully as it contains numerous rules and requirements.
** General affidavit
This appears to be covered by the “Statement of Compliance” above.
* Do I have to register my unit? While we do cannot give legal advice, if you do short-term rentals, we believe the answer is “yes.” Legally speaking the Waikiki Banyan is not a condotel. All units pay taxes (at present) at the residential rate.
We’ll update this information when and if we learn anything more definitive.
Common Questions
* How do I find my tax map key?
This is found on your property tax bill. You can also look it up online at City and County of Honolulu Public Access (qpublic.net)
* Where can I get a title report?
Some owners have reported ordering title reports from SERVICES | Title Guaranty (tghawaii.com). There are numerous other companies which can also provide this service. The AOAO is prohibited from recommending a specific company.
* Do I have a NUC and what is its status?
You can look this up online at Nonconforming Use Ce_085019165 (honoluludpp.org).
* May I continue to rent my unit while registration is in progress?
The City has not provided for a “grace period.” However, our legal team at Porter thinks that due to the enforcement stay obtained back in the days of Bill 89, our owners should be able to continue to rent. It is up to you to decide whether or not to rely on this legal opinion. We have no control over what the City will actually do in practice.
Nevertheless, if the City sends a notice of violation to any of our owners, we’d like to know about it. While we cannot assist individual owners in contesting such notices, or take responsibility for the eventual outcome, we’d like to make Porter aware, so they can advise the AOAO as to what actions may be necessary on behalf of the Association as a whole.
