How do you get the Escrow turn over from the developer/real estate company?

We live in a small 6 lot subdivision with only 3 lots developed. They are 10 acre lots and we own 2 of them. When the developer did the subdivision he put in a "PRIVATE" Road for the homeowner to maintain. We have been told that there is money being held by the real estate company that initially sold the lots to provide help with the road. We can not get our hands on it. Apparently to get the money we have to actually file a corporation? Like I said there are only 3 house here and the thought of one of us having to file a corp. tax return for the $3000 that will be spent in a matter of weeks to get the road up to par. He left no drainage and with all the rain we have had we have pot holes that will blow out a tire. Help!