My question involves a condominium located in the State of: California
Our home appears to be a single family home, but was constructed as a condo in the back of a property with a small older single family home in the front that was somewhat renovated during the condo transformation when our house was built. Both owners share an undivided interest in the lot. There is a parcel map that clearly defines each unit's exclusive property areas and a common area. CC&Rs were created by the developer (in around 1981) but much of the document pertains to creation of a HOA that never happened. The owner of the front unit is the original owner (post condo project). We purchased around 7 years ago and are the 4th owners of our unit.
What is now a problem with our front neighbor is use of the common area. The common area consists of a concrete driveway and the area directly in front of our two car garage. Each unit has two designated parking spaces. The front unit has a one car carport and a parking space in the back next to the common area (by the front unit's back fence). Our garage only fits one car, barely. A previous owner converted a portion of the garage into a spare room.
In absence of a HOA, the CC&Rs have been dormant ever since the project began (1981). What was conveyed to us in disclosure at the time we purchased the home was there is an informal verbal agreement with the front property owner that the back unit (ours) residents may park in the common area as well as the front unit's back parking space. This agreement was passed along to us when we bought our home. For the first six years everything was fine. Now the front unit owner is hyper-sensitive to noise issues due to health reasons. The front unit is 100 year old sub-standard construction with single pane windows. We were asked to give back their parking space, which we have, but now the front unit owner is trying to control the parking both in front of our garage as well as regulate the traffic to our property from the street on the common area driveway. Furthermore the front unit owner is trying to dictate to us how we may use our own exclusive common area property with regards to parking, vehicle loading/unloading, etc.
The CC&Rs do not say we can not park in front of our garage, but it does say that parking in the common area is only allowed by mutual agreement of both property owners (which has been the case for almost 30 years now). Our position is the permissive use trumps the CC&Rs, even if they revoke their "permission" to use the area. Also, since the intended use of this portion of the common area ins ingress and egress from our garage we feel that we control the space since if it were used for anything by the front residents our garage would not be accessible from the street. The front neighbor also wants their parking space in back to be 14' wide instead of the 10' designated on the parcel map for handicap access. This leaves only 20' in front of our garage to get a car in and out (not really enough).
We have consulted with a local attorney who feels we have a very defendable position. We are still trying to work things out with our neighbors and have not yet told them we have consulted with an attorney.
The front owner says if we disagree with their demands then the provisions of the CC&Rs are the law.
My question is how defensible is our position?

