There is a legal question as to who legally owns the private road and if it is considered a common element of the HOA. The HOA maintains the road with member dues. The land plat states that the HOA has granted use of the road to all property owners as an easement to access their properties.
Your legal question cannot be answered without a review of the ownership deed and easement documentation. But, from your facts it appears the HOA owns the road.
Good luck!
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