N.Y. Real Property Law § 339-n: Contents of declaration

§ 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.

* NB Effective until February 24, 2027

* 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 the

secretary of state. 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 the secretary of

state. 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), (b) or (c) of this subdivision. Each option of service

authorized pursuant to this subdivision shall be available at no extra

cost to the consumer.

* NB Effective February 24, 2027

(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.

* (c) Provided process is served by or on behalf of the state or a

city, town, village or other political subdivision of the state, by

electronically submitting a copy of the process to the department of

state, through an electronic system operated by and with capabilities

determined by the department of state, together with the statutory fee,

if required, which fee shall be a taxable disbursement. 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 either: (i) send a copy

of such process 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 the purpose; or (ii) email a

notice of the fact that process against the corporation or board of

managers has been served electronically on the secretary of state to 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.

* NB Effective February 24, 2027

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.