Contents of declaration

§ 339-n. Contents of declaration. The declaration shall contain the\nfollowing particulars:\n 1. A statement of intention to submit the property to the provisions\nof this article.\n 2. Description of the land on which the building and improvements are\nor are to be located.\n 3. Description of the building, including the location of the building\nby reference to fixed monuments or tax map parcel data, stating the\nnumber of stories, basements and cellars, the number of units and the\nprincipal materials of which it is or is to be constructed.\n 4. The unit designation of each unit, and a statement of its location,\napproximate area, number of rooms in residential areas, and common\nelement to which it has immediate access, and any other data necessary\nfor its proper identification.\n 5. Description of the common elements and a statement of the common\ninterest of each unit owner.\n 6. Statement of the uses for which the building and each of the units\nare intended.\n 7. * A designation of the secretary of state as agent of the\ncorporation or board of managers upon whom process against it may be\nserved and the post office address within or without this state to which\nthe secretary of state shall mail a copy of any process against it\nserved upon him or her. The designation may include an email address to\nwhich the secretary of state shall email a notice of the fact that\nprocess against it has been electronically served upon him or her.\nService of process on the secretary of state as agent of such\ncorporation or board of managers shall be made in the manner provided by\nparagraph (a) or (b) of this subdivision. Either option of service\nauthorized pursuant to this subdivision shall be available at no extra\ncost to the consumer.\n * NB Effective until February 24, 2027\n * A designation of the secretary of state as agent of the corporation\nor board of managers upon whom process against it may be served and the\npost office address within or without this state to which the secretary\nof state shall mail a copy of any process against it served upon the\nsecretary of state. The designation may include an email address to\nwhich the secretary of state shall email a notice of the fact that\nprocess against it has been electronically served upon the secretary of\nstate. Service of process on the secretary of state as agent of such\ncorporation or board of managers shall be made in the manner provided by\nparagraph (a), (b) or (c) of this subdivision. Each option of service\nauthorized pursuant to this subdivision shall be available at no extra\ncost to the consumer.\n * NB Effective February 24, 2027\n(a) Personally delivering to and leaving with him or her or his or her\ndeputy, or with any person authorized by the secretary of state to\nreceive such service, at the office of the department of state in the\ncity of Albany, duplicate copies of such process together with the\nstatutory fee, which shall be a taxable disbursement. Service of process\non such corporation or board of managers shall be complete when the\nsecretary of state is so served. The secretary of state shall promptly\nsend one of such copies by certified mail, return receipt requested, to\nsuch corporation or board of managers, at the post office address, on\nfile in the department of state, specified for such purpose. (b)\nElectronically submitting a copy of the process to the department of\nstate together with the statutory fee, which fee shall be a taxable\ndisbursement, through an electronic system operated by the department of\nstate, provided the corporation or board of managers has an email\naddress on file in the department of state to which the secretary of\nstate shall email a notice of the fact that process against the\ncorporation or board of managers has been served electronically on the\nsecretary of state. Service of process on such corporation or board of\nmanagers shall be complete when the secretary of state has reviewed and\naccepted service of such process. The secretary of state shall promptly\nsend notice of the fact that process has been served electronically on\nthe secretary of state to such corporation or board of managers at the\nemail address on file in the department of state, specified for the\npurpose and shall make a copy of the process available to such\ncorporation or board of managers. Nothing in this subdivision shall\naffect the right to serve process in any other manner permitted by law.\nThe corporation or board of managers shall also file with the secretary\nof state the name and post office address within or without this state\nto which the secretary of state shall mail a copy of any process against\nit served upon the secretary of state and shall update the filing as\nnecessary.\n * (c) Provided process is served by or on behalf of the state or a\ncity, town, village or other political subdivision of the state, by\nelectronically submitting a copy of the process to the department of\nstate, through an electronic system operated by and with capabilities\ndetermined by the department of state, together with the statutory fee,\nif required, which fee shall be a taxable disbursement. Service of\nprocess on such corporation or board of managers shall be complete when\nthe secretary of state has reviewed and accepted service of such\nprocess. The secretary of state shall promptly either: (i) send a copy\nof such process by certified mail, return receipt requested, to such\ncorporation or board of managers, at the post office address, on file in\nthe department of state, specified for the purpose; or (ii) email a\nnotice of the fact that process against the corporation or board of\nmanagers has been served electronically on the secretary of state to the\nemail address on file in the department of state, specified for the\npurpose and shall make a copy of the process available to such\ncorporation or board of managers.\n * NB Effective February 24, 2027\n 8. Any further details in connection with the property which the\nperson or persons executing the declaration may deem desirable to set\nforth.\n 9. The method by which the declaration may be amended, consistent with\nthe provisions of this article.\n