Section 339-N. Contents of declaration  


Latest version.
  • 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.
        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.