Burkhard Rüscher

Burkhard Rüscher
Attorney
Certified specialist in tenancy and residential property law
Partner

Specialists areas: Residential property law, private building law, property developer law

Since being admitted to the bar in 1997, I have focussed on residential property law. I also specialise in private construction law and property development law. Since 2006, I have held the title "Specialist lawyer for tenancy and residential property law". I mainly support and advise management companies and condominium owners' associations, but I am also happy to take on mandates from condominium owners.

In condominium law, I work both forensically and in an advisory and organisational capacity. As far as possible, the focus is on out-of-court advice, organisation, problem solving and conflict resolution. However, if court proceedings cannot be avoided, I am an experienced, reliable, diligent and combative litigator who always has the client's substantive, human and economic interests in mind and pursues them in a targeted manner.

My activities include in particular

• the drafting of declarations of division/community regulations
• the review of declarations of division/community regulations
• preparing legal opinions on the existence or non-existence of claims, the interpretation of declarations of division/community regulations, the responsibility for maintenance measures on common property, the applicable cost allocation key, the permissibility of structural changes to special and common property, the permitted types of use and possible uses of residential and commercial units, etc.
• the preparation of draft resolutions
• Participation in owners' meetings
• Resolution actions on the assets and liabilities side
• the collection of house money
• Initiating foreclosure, receivership and forced sale proceedings
• Warranty prosecution against the property developer

I keep up to date with the latest legal developments through regular training and further education. I am also a regular speaker for the German Bar Association (DAV), the Bavarian Association of Property Administrators (VDIV Bayern e.V.), Haus & Grund Bayern, the BeckAkademie seminars (Verlag C.H. Beck oHG), for the specialist lawyer course on tenancy and residential property law at Arber-Verlag and at various administrator and advisory board meetings.

As a member of the German Bar Association's legislative committee on tenancy and housing law, I am informed about current legislative projects and trends at an early stage in order to contribute and influence them as much as possible.