It’s not splitting hairs. There’s a recognizable difference between a tribe collectively defending exclusive access to certain land, and the concept of transferable, heritable private land interest.
Even in the US, commons-deeded land between multiple people is still a thing. Albeit one that lawyers hate to mess with because it's more work for them.
For purposes of this thread, exclusive control of an area, absent other claims, would certainly entitle indigenous American peoples to ownership of that land.
They impose a mutually agreed upon set of rules on everyone who owns land that is covered by the HOA (with one of the rules preventing severance of the property from the HOA).
None of this is guaranteed by 'ownership'.