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This entry was published on 2021-04-23
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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. Service of process on the secretary of state as agent of such
corporation or board of managers shall be made 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. 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.

* NB Effective until January 1, 2023

* 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.

* NB Effective January 1, 2023

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.