If a homeowners association allows the use of the common areas or facilities by persons other than members of the association or their guests, the association's receipts from use of the common areas or facilities by such non-members are not exempt from gross receipts tax under Section 7-9-20 NMSA 1978 since those common areas, elements or facilities are not for the sole use of the owners and their guests.
N.M. Admin. Code § 3.2.108.10