Condominium Declaration

Section 339-s of the New York State Real Property Law requires any Condominium Declaration, and any amendment thereof, to be filed with the New York Department of State. Section 339-n of the New York State Real Property Law requires the Declaration, or any amendment, to include a designation of the New York Secretary of State as the agent of the board of managers or a corporation formed to operate the board of managers upon whom process against it may be served.

Real Property Law, Sections 339-s; 339-n

The Declaration and any amendment thereof must be enclosed in a legal backer/cover sheet which contains the title of the document, including the statutory citation, and the name and address of the filer. The completed Declaration, or any amendment, together with the $25 filing fee, should be forwarded to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

The fee for filing the Condominium Declaration, and any amendment thereof, is $25.  All fees must be paid by cash, check, money order, MasterCard, Visa or American Express. Checks and money orders should be made payable to the “Department of State.” Please do not send cash through the mail.  All checks over $500 must be certified.

Expedited Handling Services: (optional) The NYS Department of State's Division of Corporations offers expedited processing of time-sensitive documents. For an additional fee, the Department of State will process a document within the following time frames for the additional fee indicated; $25.00 per document for processing within 24 hours, $75.00 per document for processing within the same day, or $150.00 per document for processing within 2 hours.

The additional, non-refundable fee for expedited processing service must be paid by a separate check or money order or indicated in the appropriate space on the Credit Card/Debit Card Authorization Form. The Division of Corporations accepts MasterCard, Visa and American Express for the payment of fees. To pay for a fee using your credit card or debit card, simply complete and sign the Credit Card/Debit Card Authorization Form and submit it to the Division of Corporations with your request for service. The Credit Card/Debit Card Authorization Form submitted with any request for services must specifically indicate the level of expedited service requested.

The envelope bearing documents for filing and other requests for expedited processing services must be marked with the notation "Expedited Processing" on the envelope.

The Condominium Declaration must also include the address within the United States to which the New York Secretary of State shall mail copies of such process.