u/General-Bluebird4014

Recently bought a house on a private street - there are several shared parking spaces on the street that are clearly meant to be used by everyone but some homeowners, who also happen to be 2 of the 3 board members are claiming most of them for themselves.

Additional Context:

• HOA is not subject to Davis Stirling Act. The common area is not owned by the association - all ingress and egress access is through reciprocal easements. A lawyer has also confirmed to me that this development is not in scope of Davis Stirling.
• The parking spaces are within the property lines of these home owners but they are adjacent to their driveways and are continuously paved with asphalt along with the drive lane. HOA dues also pay for the maintenance of these spaces.
• The CC&Rs don't address these spaces directly. They require everyone to either park in their garage or their driveway. The CC&Rs also give board the authority to set parking rules as they see fit.
• The conditions of approval for this subdivision required the developer to give these parking easements to the HOA. This was noted in both, the conditions of approval document, as well as the the final sub division map the city stamped and approved.
• The developer did not include this easement in the CC&R but it also appears redundant to me since it gave Board the blanket authority to dictate parking

Dispute

• Homeowners, including board members, who have these spaces within their property lines are using them as parking spots (even though CC&Rs explicitly state where parking is permitted)
• Same board members are claiming that HOA has no jurisdiction over these spaces and refusing to set parking rules via the board/association so that they can use it for themselves

Questions for the community

1. Has anyone else come across similar unrecorded easements? What's the best way to get this fixed? I have already spoken with a lawyer and also started a Title claim for unrecorded easements.
2. If the grant of these easements to the HOA was a condition of approval by the city, are the easements valid even if the developer missed recording them?
3. Can the association amend the CC&Rs with the required votes to record this easement?