Legislation

Search OpenLegislation Statutes
This entry was published on 2023-01-06
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 339-N
Contents of declaration
Real Property (RPP) CHAPTER 50, ARTICLE 9-B
§ 339-n. Contents of declaration. The declaration shall contain the
following particulars:

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.