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Real Estate

Keep it down? Upscale resort says 'stop complaining'

The Aspen City Council is considering adding a "no complaining" clause on a new proposed luxury residence to prevent buyers of units there from complaining about the noise level of nearby restaurants and bars.

Other luxury penthouse owners in the Colorado resort area have gotten into legal disputes with nearby nightclubs over the noise level. One business even shut down over the legal battles. Police also say they are increasingly fielding complaints from residents who say nearby restaurants are violating noise ordinances. The "no complaining" clause under consideration by city officials is meant to stem the tide of those disputes.

City officials and the developer of a 38-foot tall, three-story luxury building in Aspen want buyers to be aware that it can get noisy in the commercial district where the building is going up. The penthouses would be above a nightclub that stays open until 2 a.m. and has an outdoor dining area.

The city council has suggested adding a condition to any future sale in the building that requires the owner to "acknowledge that they live in a commercial area" and vow not to interfere with businesses' activities. It is also proposing a separate clause that disallows luxury-unit owners to prevent new businesses from opening in commercial spaces.

The property owner of the luxury building has agreed to add the clauses. The city council still must approve the measure.

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