N.Y.
Real Property Law Section 339-N
Contents of declaration
1.
A statement of intention to submit the property to the provisions of this article.2.
Description of the land on which the building and improvements are or are to be located.3.
Description of the building, including the location of the building by reference to fixed monuments or tax map parcel data, stating the number of stories, basements and cellars, the number of units and the principal materials of which it is or is to be constructed.4.
The unit designation of each unit, and a statement of its location, approximate area, number of rooms in residential areas, and common element to which it has immediate access, and any other data necessary for its proper identification.5.
Description of the common elements and a statement of the common interest of each unit owner.6.
Statement of the uses for which the building and each of the units are intended.7.
A designation of the secretary of state as agent of the corporation or board of managers upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. The designation may include an email address to which the secretary of state shall email a notice of the fact that process against it has been electronically served upon him or her. Service of process on the secretary of state as agent of such corporation or board of managers shall be made in the manner provided by paragraph (a) or (b) of this subdivision. Either option of service authorized pursuant to this subdivision shall be available at no extra cost to the consumer.(a)
Personally delivering to and leaving with him or her or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the statutory fee, which shall be a taxable disbursement. Service of process on such corporation or board of managers shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation or board of managers, at the post office address, on file in the department of state, specified for such purpose.(b)
Electronically submitting a copy of the process to the department of state together with the statutory fee, which fee shall be a taxable disbursement, through an electronic system operated by the department of state, provided the corporation or board of managers has an email address on file in the department of state to which the secretary of state shall email a notice of the fact that process against the corporation or board of managers has been served electronically on the secretary of state. Service of process on such corporation or board of managers shall be complete when the secretary of state has reviewed and accepted service of such process. The secretary of state shall promptly send notice of the fact that process has been served electronically on the secretary of state to such corporation or board of managers at the email address on file in the department of state, specified for the purpose and shall make a copy of the process available to such corporation or board of managers. Nothing in this subdivision shall affect the right to serve process in any other manner permitted by law. The corporation or board of managers shall also file with the secretary of state the name and post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon the secretary of state and shall update the filing as necessary.8.
Any further details in connection with the property which the person or persons executing the declaration may deem desirable to set forth.9.
The method by which the declaration may be amended, consistent with the provisions of this article.
Source:
Section 339-N — Contents of declaration, https://www.nysenate.gov/legislation/laws/RPP/339-N (updated Jan. 6, 2023; accessed Oct. 26, 2024).
