The Hawaiʻi Department of Commerce and Consumer Affairs Real Estate Branch summarizes Kauaʻi County rules that prevent a guest house or additional rental unit from being separated from its primary dwelling as a condominium unit. A property may be submitted to condominium ownership, but the guest house or additional rental unit must stay within the same condominium unit as its respective primary dwelling. The FAQ also says the unit cannot later be separated by amending the declaration.
The FAQ cites Kauaʻi County Ordinance 1166, adopted in October 2024, for guest houses and an existing County Code provision for additional rental units. This is a Kauaʻi County boundary, not a general Hawaiʻi rule for every accessory dwelling. Local terms also matter: first confirm whether the County treats the structure as a guest house, additional rental unit, ADU, or another use.
What to verify before a transfer
Ask the County planning, building, or permitting office which current code provisions apply to the property and structure. Review the actual permits, condominium declaration, recorded documents, and title; the state FAQ is a summary, not a parcel-specific title determination. Confirm whether any later amendments affect the applicable rule.
Condominium treatment does not by itself establish lawful construction, occupancy, or permission for a particular rental use. Check those questions separately with the relevant County offices and review any title, lender, association, and private restrictions before relying on a proposed transfer.